HomeMy WebLinkAboutMinutes - Minutes - City Code Review Council Committee - Meeting Date: 2/9/2021City of Glendale
5850 West Glendale Avenue
Glendale, AZ 85301
C11147
Glendale
A R I Z O N A
Meeting Minutes
Tuesday, February 9, 2021
5:30 P.M.
Voting Meeting
Civic Center
City Council
Mayor Jerry Weiers
Vice Mayor Ian Hugh
Councilmember Jamie Aldama
Councilmember Joyce Clark
Councilmember Ray Mainar
Councilmember Lauren Tolmachoff
Councilmember Bart Turner
CALL TO ORDER
Vice Mayor Hugh called the meeting to order at 5:31 p.m.
ROLL CALL
Present: Vice Mayor Ian Hugh
Councilmember Jamie Aldama
Councilmember Joyce Clark
Councilmember Ray Malnar
Councilmember Lauren Tolmachoff
Councilmember Bart Turner
Absent: Mayor Jerry Weiers
Also Present: Kevin Phelps, City Manager
Michael Bailey, City Attorney
Julie K. Bower, City Clerk
Vicki Rios, Assistant City Manager
Jack Friedline, Assistant City Manager
PRAYER/INVOCATION
The invocation was offered by Reverend Joe Torres.
POSTING OF COLORS
PLEDGE OF ALLEGIANCE
APPROVAL OF THE MINUTES
1. APPROVAL OF THE MINUTES OF THE JANUARY 26, 2021 VOTING MEETING
A motion was made by Councilmember Ray Malnar, seconded by Councilmember Joyce
Clark to approve the minutes of the January 26, 2021 voting meeting.
AYE: Vice Mayor Ian Hugh
Councilmember Jamie Aldama
Councilmember Joyce Clark
Councilmember Ray Malnar
Councilmember Lauren Tolmachoff
Councilmember Bart Turner
Other: Mayor Jerry Weiers (ABSENT)
Passed
CONSENT AGENDA
Ms. Bower read the Consent Resolutions by title.
City Council Meeting Minutes - February 9, 2021 Page 2 of 14
2. AUTHORIZATION TO ENTER INTO LINKING AGREEMENT WITH UNIVERSITY TERMITE
AND PEST CONTROL, INC. FOR PEST CONTROL SERVICES
Presented by: Michelle Woytenko, Director, Field Operations
A motion was made by Councilmember Bart Turner, seconded by Councilmember Lauren
Tolmachoff to approve item 2.
AYE: Vice Mayor Ian Hugh
Councilmember Jamie Aldama
Councilmember Ray Malnar
Councilmember Lauren Tolmachoff
Councilmember Bart Turner
NAY: Councilmember Joyce Clark
Other: Mayor Jerry Weiers (ABSENT)
Passed
3. AUTHORIZATION TO ENTER INTO LINKING AGREEMENT WITH HERC RENTALS, INC.
FOR CONSTRUCTION MACHINERY AND EQUIPMENT RENTAL OR LEASING SERVICES
4. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH SD CRANE BUILDERS
INC. FOR GENERAL CONTRACTING AND CONSTRUCTION SERVICES, INCLUDING
NEW BUILDINGS, RENOVATIONS, REMODELS AND BUILDING IMPROVEMENTS
5. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH TITAN MACHINERY,
INC., FOR HEAVY DUTY FLEET, CONSTRUCTION AND AGRICULTURAL/INDUSTRIAL
PARTS, SERVICE, AND ACCESSORIES
A motion was made by Councilmember Bart Turner, seconded by Councilmember Lauren
Tolmachoff to approve item 5.
AYE: Vice Mayor Ian Hugh
Councilmember Jamie Aldama
Councilmember Ray Malnar
Councilmember Lauren Tolmachoff
Councilmember Bart Turner
NAY: Councilmember Joyce Clark
Other: Mayor Jerry Weiers (ABSENT)
Passed
6. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH SDB INC., FOR JOB
ORDER CONTRACTING FOR VARIOUS CONSTRUCTION TRADES
Presented by: Michelle Woytenko, Director, Field Operations
Ms. Woytenko said the linking agreement with SDB Inc., for job order contracting for various
construction trade services was for an amount not to exceed $6 million for the 4 -year term of
the agreement. The agreement allowed the City to pre -vet the contractor's rates on labor and
City Council Meeting Minutes - February 9, 2021 Page 3 of 14
materials and expeditiously perform small jobs and repairs within City facilities.
Councilmember Tolmachoff said the report indicated the fiscal impact was $6 million for fiscal
year 2020-21.
Ms. Woytenko said it was $6 million over the life of the contract.
Councilmember Tolmachoff asked if the City had other job order contracting agreements.
Ms. Woytenko said there were currently two other similar contracts. Others would be added
in the future to maintain competitiveness.
Councilmember Tolmachoff asked what types of projects would be funded with the $6 million.
Ms. Woytenko said SDB Inc. was a general contractor and would be used for projects that
involved two or more trades such as the addition of office space.
Councilmember Turner asked if it was for budgeted projects that had been approved by
Council or was it discretionary.
Ms. Woytenko said it would apply to Council -approved projects or emergency situations such
as repairing damage caused by a roof leak.
7. AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH
DICK & FRITSCHE DESIGN GROUP FOR THE CITY COURT BUILDING RENOVATIONS
PROJECT
The item was pulled from the agenda at the request of staff.
8. AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH
SPEEDIE & ASSOCIATES, INC., FOR MATERIALS TESTING ON THE GLENDALE
AVENUE RECONSTRUCTION (99TH AVENUE TO EL MIRAGE ROAD) PROJECT
9. AUTHORIZATION TO ENTER INTO A CONSTRUCTION CONTRACT WITH
COMBS CONSTRUCTION COMPANY, INC., FOR THE RECONSTRUCTION OF
GLENDALE AVENUE (99TH AVENUE TO EL MIRAGE ROAD) PROJECT
10. AUTHORIZATION TO ENTER INTO AMENDMENT NO. 3 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR THE
GLENDALE AVENUE RECONSTRUCTION (99TH AVENUE TO EL MIRAGE ROAD)
PROJECT
11. AUTHORIZATION TO ENTER INTO AN AGREEMENT FOR CONSTRUCTION OF SRP
FACILITIES WITH THE SALT RIVER VALLEY WATER USERS ASSOCIATION (SRP) FOR
THE HEROES REGIONAL PARK LAKE PROJECT
12. REVISIONS TO AMENDMENT NO. 3, SERVICE AND MAINTENANCE AGREEMENT
C-4543 WITH INFOR PUBLIC SECTOR, INC., PROVIDER OF THE CITY'S HANSEN
SOFTWARE
City Council Meeting Minutes - February 9, 2021 Page 4 of 14
13. RATIFICATION OF U.S. DEPARTMENT OF THE TREASURY EMERGENCY RENTAL
ASSISTANCE AGREEMENT
Presented by: Jean Moreno, Director, Community Services
Ms. Moreno said due to the nature of the emergency funding, the City was required to apply
for funding in early January and submit a fully executed agreement to receive $7.6 million in
funding. The funding was not anticipated when the current budget was adopted and there
was currently no appropriation authority to spend the money. Staff recommended borrowing
appropriation authority from the Development Impact Fees (DIF) fund. The DIF funding was
not expected to be used in the current fiscal year.
Councilmember Clark asked if the $7.6 million would be reimbursed to the DIF fund.
Ms. Rios said it was appropriation only and no cash was being transferred, only budget
authority. Contingency would be added to the DIF fund in next year's budget for unidentified
Council -approved projects. She said the $7.6 million had been received from the federal
government but the appropriation authority was needed to spend the funding.
Mr. Phelps said Council had approved $7.6 million for DIF projects but the City was not going
to spend those funds. The spending authority would be transferred but no DIF funds would be
transferred. The dollars would remain in the DIF fund. It would free up capacity so the City
could spend the federal funding.
Councilmember Tolmachoff said the item should not have been included on the Consent
Agenda because it was not routine and had not been studied by Council.
CONSENT RESOLUTIONS
14. RESOLUTION NO. R21-05
A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY,
ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN
INTERGOVERNMENTAL AGREEMENT WITH MEMBERS OF THE ARIZONA WATER AND
WASTEWATER AGENCY RESPONSE NETWORK FOR MUTUAL AID IN AN EMERGENCY
SITUATION.
15. RESOLUTION NO. R21-06
A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY,
ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AMENDMENT NO.
2 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY
ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND CITY OF GLENDALE
FOR ADMINISTRATIVE REIMBURSEMENT UP TO $96,814.
16. RESOLUTION NO. R21-07
A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY,
ARIZONA, AUTHORIZING AND DIRECTING THE CITY'S PARTICIPATION IN THE
INTERLOCAL PURCHASING SYSTEM, BETTER KNOWN AS TIPS PURCHASING
COOPERATIVE FOR THE PURPOSE OF MAKING COOPERATIVE PURCHASES.
Presented by: Lisette Camacho, Director, Budget and Finance
City Council Meeting Minutes - February 9, 2021 Page 5 of 14
Ms. Camacho said the purpose of the resolution was to authorize the City to join a purchasing
cooperative with other government entities. It would allow the City to use a contract that was
competitively procured by another member of the cooperative. Purchasing cooperatively
helped reduce the cost of procurement and gave the City access to more competitive
contracts and volume pricing.
A motion was made by Councilmember Joyce Clark, seconded by Councilmember Lauren
Tolmachoff to approve Consent Agenda items 3, 4, 6, 8 through 13 and adopt Consent
Resolutions items 14 through 16.
AYE: Vice Mayor Ian Hugh
Councilmember Jamie Aldama
Councilmember Joyce Clark
Councilmember Ray Malnar
Councilmember Lauren Tolmachoff
Councilmember Bart Turner
Other: Mayor Jerry Weiers (ABSENT)
Passed
17. RESOLUTION NO. R21-08
A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY,
ARIZONA, AUTHORIZING THE ACCEPTANCE OF THE LIBRARY SERVICES AND
TECHNOLOGY ACT SUBGRANT IN THE APPROXIMATE AMOUNT OF $4,800 (STATE
PROJECT NO. 2020-0271-03) FROM THE ARIZONA STATE LIBRARY, ARCHIVES AND
PUBLIC RECORDS AGENCY FOR THE "WRITERS IN RESIDENCE IN LIBRARIES"
PROGRAM.
A motion was made by Councilmember Ray Malnar, seconded by Councilmember Lauren
Tolmachoff to adopt Resolution No. R21-08.
AYE: Vice Mayor Ian Hugh
Councilmember Jamie Aldama
Councilmember Joyce Clark
Councilmember Ray Malnar
Councilmember Lauren Tolmachoff
Councilmember Bart Turner
Other: Mayor Jerry Weiers (ABSENT)
Passed
BIDS AND CONTRACTS
Ms. Bower read the Bids and Contracts items by title.
18. AWARD OF RFP 21-04 AND AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH
22ND CENTURY TECHNOLOGIES, INC. FOR TEMPORARY WORKERS
City Council Meeting Minutes - February 9, 2021 Page 6 of 14
A motion was made by Councilmember Jamie Aldama, seconded by Councilmember
Lauren Tolmachoff to approve item 18.
Councilmember Clark would be voting no on all Bids and Contracts items. The 5 -year
contracts were for customary and usual services.
The vote on the motion was:
AYE: Vice Mayor Ian Hugh
Councilmember Jamie Aldama
Councilmember Ray Malnar
Councilmember Lauren Tolmachoff
Councilmember Bart Turner
NAY: Councilmember Joyce Clark
Other: Mayor Jerry Weiers (ABSENT)
Passed
19. AWARD OF RFP 21-02 AND AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH
CDS GLOBAL, INCORPORATED, FOR REMITTANCE PROCESSING SERVICES
A motion was made by Councilmember Bart Turner, seconded by Councilmember Lauren
Tolmachoff to approve item 19.
AYE: Vice Mayor Ian Hugh
Councilmember Jamie Aldama
Councilmember Ray Malnar
Councilmember Lauren Tolmachoff
Councilmember Bart Turner
NAY: Councilmember Joyce Clark
Other: Mayor Jerry Weiers (ABSENT)
Passed
20. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH KONICA MINOLTA
BUSINESS SOLUTIONS U.S.A, INC. FOR DIGITAL COPIERS, MULTIFUNCTIONAL
DEVICES, 3D PRINTERS, RELATED SUPPLIES, MAINTENANCE AND MANAGED
PRINTER SERVICES
A motion was made by Councilmember Lauren Tolmachoff, seconded by Councilmember
Ray Malnar to approve item 20.
AYE: Vice Mayor Ian Hugh
Councilmember Jamie Aldama
Councilmember Ray Malnar
Councilmember Lauren Tolmachoff
Councilmember Bart Turner
NAY: Councilmember Joyce Clark
City Council Meeting Minutes - February 9, 2021 Page 7 of 14
Other: Mayor Jerry Weiers (ABSENT)
Passed
21. AWARD OF RFP 21-17 AND AUTHORIZATION TO ENTER INTO A PROFESSIONAL
SERVICES AGREEMENT WITH PBC PHOENIX, INC., DBA CCS FACILITY SERVICES,
FOR CUSTODIAL SERVICES FOR PARK RESTROOMS, BALL FIELDS, AND THE
RESTROOMS AT MURPHY PARK DURING SPECIAL EVENTS
A motion was made by Councilmember Ray Malnar, seconded by Councilmember Lauren
Tolmachoff to approve item 21.
AYE: Vice Mayor Ian Hugh
Councilmember Jamie Aldama
Councilmember Ray Malnar
Councilmember Lauren Tolmachoff
Councilmember Bart Turner
NAY: Councilmember Joyce Clark
Other: Mayor Jerry Weiers (ABSENT)
Passed
PUBLIC HEARING - LAND DEVELOPMENT ACTIONS
22. RESOLUTION NO. R21-09
A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY,
ARIZONA, AMENDING THE GENERAL PLAN MAP OF THE CITY OF GLENDALE,
ARIZONA, BY APPROVING GENERAL PLAN AMENDMENT GPA20-09 FOR PROPERTY
LOCATED AT 7087 NORTH 45TH AVENUE.
ORDINANCE NO. 021-07
AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY,
ARIZONA, REZONING PROPERTY LOCATED AT 7087 NORTH 45TH AVENUE FROM C-2
(GENERAL COMMERCIAL) TO R-5 (MULTIPLE RESIDENCE), AMENDING THE ZONING
MAP; PROVIDING FOR AN EFFECTIVE DATE; AND DIRECTING THE CITY CLERK TO
RECORD A CERTIFIED COPY OF THE ORDINANCE.
Presented by: David Richert, Interim Planning Administrator
Ms. Bower read the resolution and ordinance by title.
Mr. Richert said the Minor General Plan Amendment request was a change from GC (General
Commercial) to HDR -30 (High Density Residential 30 dwelling units/acre). The rezone,
request was a change from C-2 (General Commercial) to R-5 (Multiple Family). The 1.77
acre site was located at the southeast corner of 45th and Palmaire Avenue. It was an area
that was in need of housing.
Mr. Richert said the proposal was consistent with the City's General Plan, Zoning Ordinance
and Residential Design and Development policies. It promoted infill development where
infrastructure was already available and contributed to housing diversity and affordability. It
City Council Meeting Minutes - February 9, 2021 Page 8 of 14
furthered the public health, safety and general welfare of the citizens of Glendale.
Mr. Richert said the Planning Commission, at its meeting on January 7, 2021, recommended
approval of GPA20-09 as written and approval of ZON20-15 subject to substantial
conformance to the project narrative that was dated September 21, 2020. Staff also
recommended approval.
Councilmember Turner asked if it was market rate rental housing.
Bill Allison, Withey Morris, said it would be market rate housing. The expected rents were
between $1,000 and $1,200.
Councilmember Tolmachoff said Palmaire Avenue appeared to be very narrow and not wide
enough for two cars.
Mr. Richert said once the curb and gutter was put in, the street would meet all of the City's
standards.
Councilmember Tolmachoff said it would be a great improvement.
Vice Mayor Hugh opened the public hearing.
No one wished to speak.
Vice Mayor Hugh closed the public hearing.
A motion was made by Councilmember Joyce Clark, seconded by Councilmember Lauren
Tolmachoff to adopt Resolution No. R21-09.
AYE: Vice Mayor Ian Hugh
Councilmember Jamie Aldama
Councilmember Joyce Clark
Councilmember Ray Malnar
Councilmember Lauren Tolmachoff
Councilmember Bart Turner
Other: Mayor Jerry Weiers (ABSENT)
Passed
A motion was made by Councilmember Ray Malnar, seconded by Councilmember Joyce
Clark to adopt Ordinance No. 021-07.
AYE: Vice Mayor Ian Hugh
Councilmember Jamie Aldama
Councilmember Joyce Clark
Councilmember Ray Malnar
Councilmember Lauren Tolmachoff
Councilmember Bart Turner
Other: Mayor Jerry Weiers (ABSENT)
Passed
City Council Meeting Minutes - February 9, 2021 Page 9 of 14
ORDINANCES
23. ORDINANCE NO. 021-08
AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY,
ARIZONA, AUTHORIZING THE EXECUTION OF AN AVIGATION EASEMENT IN FAVOR
OF THE CITY OF GLENDALE RELATING TO PROPERTY GENERALLY LOCATED 315
WEST OF THE NORTHWEST CORNER OF BALLPARK BOULEVARD AND CAMELBACK
ROAD AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THE
ORDINANCE AND THE ACCOMPANYING EASEMENT.
ORDINANCE NO. 021-09
AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY,
ARIZONA, AUTHORIZING THE EXECUTION OF A NOISE AND LIGHT EASEMENT IN
FAVOR OF THE CITY OF GLENDALE RELATING TO PROPERTY GENERALLY LOCATED
315 WEST OF THE NORTHWEST CORNER OF BALLPARK BOULEVARD AND
CAMELBACK ROAD AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED
COPY OF THE ORDINANCE AND THE ACCOMPANYING EASEMENT.
RESOLUTION NO. R21-10
A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY,
ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF A DECLARATION
OF RESTRICTIONS GIVEN BY EMPIRE VILLAGE AT CAMELBACK PARK, LLC, IN FAVOR
OF THE GLENDALE MUNICIPAL AIRPORT.
Presented by: Trevor Ebersole, Director, Transportation
Ms. Bower read the two ordinances and resolution by title.
Mr. Ebersole said the purpose of the items was to protect the City from complaints associated
with the aircraft noise and Camelback Ranch baseball stadium noise and lighting. A new
multi -family residential property was being developed on the northwest corner of Ballpark
Boulevard and Camelback Road in the City of Phoenix with 194 single-family residential units
for rent or lease. The development parcel was just south of the Glendale Municipal Airport
and right across the street from Camelback Ranch. Because of this, the developer
volunteered to execute an avigation easement, declaration of restrictions and a noise and
light easement with the City.
A motion was made by Councilmember Bart Turner, seconded by Councilmember Joyce
Clark to adopt Ordinance No. 021-08.
AYE: Vice Mayor Ian Hugh
Councilmember Jamie Aldama
Councilmember Joyce Clark
Councilmember Ray Malnar
Councilmember Lauren Tolmachoff
Councilmember Bart Turner
Other: Mayor Jerry Weiers (ABSENT)
Passed
City Council Meeting Minutes - February 9, 2021 Page 10 of 14
A motion was made by Councilmember Bart Turner, seconded by Councilmember Jamie
Aldama to adopt Ordinance No. 021-09.
AYE: Vice Mayor Ian Hugh
Councilmember Jamie Aldama
Councilmember Joyce Clark
Councilmember Ray Malnar
Councilmember Lauren Tolmachoff
Councilmember Bart Turner
Other: Mayor Jerry Weiers (ABSENT)
Passed
A motion was made by Councilmember Bart Turner, seconded by Councilmember Joyce
Clark to adopt Resolution No. R21-10.
AYE: Vice Mayor Ian Hugh
Councilmember Jamie Aldama
Councilmember Joyce Clark
Councilmember Ray Malnar
Councilmember Lauren Tolmachoff
Councilmember Bart Turner
Other: Mayor Jerry Weiers (ABSENT)
Passed
NEW BUSINESS
24. FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH 59 BUTLER LAND, LLC
Presented by: Brian Friedman, Director, Economic Development
Ms. Bower read the item by title.
Mr. Friedman said 59 Butler Land, LLC owned unimproved real property located at the
southwest corner of 59th Avenue and Butler Drive and intended to develop housing units.
Since 1973, the site had been the location of a partially abandoned subdivision and was a
source of blight.
Mr. Friedman said on August 19th, 2019, the City and 59 Butler Land, LLC entered into a
development agreement to facilitate the development of the property. Due to the COVID-19
global pandemic, 59 Butler Land LLC was requesting an extension of the contract. The
amendment would extend the schedule of performance for one additional year. 59 Butler
Land, LLC would be required to obtain its first (temporary or final) Certificate of Occupancy for
new/renovated project units before December 31, 2022 and obtain the final Certificate of
Occupancy for the last phases(s) of the project before December 31, 2024.
City Council Meeting Minutes - February 9, 2021 Page 11 of 14
A motion was made by Councilmember Jamie Aldama, seconded by Councilmember Bart
Turner to approve item 24.
Councilmember Turner said the developer was moving the project forward and had
removed the old swimming pool and bathhouse and was pursuing a U. S. Department of
Housing and Urban Development grant. The developer had also secured a lender for the
parcel. Progress was being made.
The vote on the motion was:
AYE: Vice Mayor Ian Hugh
Councilmember Jamie Aldama
Councilmember Joyce Clark
Councilmember Ray Malnar
Councilmember Lauren Tolmachoff
Councilmember Bart Turner
Other: Mayor Jerry Weiers (ABSENT)
Passed
25. CONSIDERATION AND ACTION TO ENTER INTO AN AGREEMENT WITH THE TOHONO
O'ODHAM NATION FOR THE DEVELOPMENT OF PROPERTY IN GLENDALE'S STRIP
ANNEXATION AREA
Presented by: Michael Bailey, City Attorney
Ms. Bower read the item by title.
Mr. Bailey said the agreement related to property that was located in the City's Strip
Annexation Area. The property was located at the southeast corner of Northern Parkway and
the Loop 303. It was in Maricopa County, not the City of Glendale. The property was subject
to the Pre -Annexation Development Agreement (PADA) for Loop 303 Phase 1 Utility Group.
The City had no jurisdictional authority over County land. The property owner was not
obligated to annex the property into the City.
Mr. Bailey said the Tohono O'Odham Nation (the Nation) intended to utilize the property for a
gaming facility. The previous casino had been subject to disputes between the City and the
Nation. The proposed agreement would resolve any disputes that might arise prior to
development. The City would agree to terminate the PADA as it related to the property. The
City would issue a joint press release with the Nation indicating its support of its development
of a casino. The City would not oppose the development or take steps to annex the property
and would covenant not to sue the Nation with regard to development of the property.
Mr. Bailey said the Nation agreed that within ten days of the adoption of Resolution No.
R21-11, it would make a payment to the City in the amount of $400,000. Upon
commencement of gaming, the Nation would provide to the City an annual payment of $1
million for a term of 20 years with a 2% escalator annually. The Nation would be responsible
for all onsite infrastructure and public safety. With regard to offsite infrastructure, to the extent
that any City projects benefited the Nation, the Nation would reimburse the costs. The Nation
would waive its sovereign immunity with the agreement.
City Council Meeting Minutes - February 9, 2021 Page 12 of 14
A motion was made by Councilmember Jamie Aldama, seconded by Councilmember Bart
Turner to approve item 25.
Councilmember Aldama welcomed Chairman Norris of the Nation. The Nation had been a
good partner with the City.
Councilmember Clark had given the proposal a lot of thought but would be regretfully
voting nay.
Councilmember Malnar said given the circumstances of the situation, the Nation had been
a good neighbor, and it was prudent for the City to accept the Nation's offer.
Councilmember Tolmachoff was pleased to vote aye on the agreement.
Councilmember Turner said the Nation had been a terrific community partner and operated
a first class casino. He was proud to welcome the Nation's second venture and was
excited about the opportunities the new casino would attract.
The vote on the motion was:
AYE: Vice Mayor Ian Hugh
Councilmember Jamie Aldama
Councilmember Ray Malnar
Councilmember Lauren Tolmachoff
Councilmember Bart Turner
NAY: Councilmember Joyce Clark
Other: Mayor Jerry Weiers (ABSENT)
Passed
26. RESOLUTION NO. R21-11
A RESOLUTION OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA,
AUTHORIZING THE RELEASE OF CERTAIN PROPERTY FROM A PRE -ANNEXATION
DEVELOPMENT AGREEMENT.
Presented by: Michael Bailey, City Attorney
Ms. Bower read the resolution by title.
Mr. Bailey said the proposed resolution would release the property from the Pre -Annexation
Development Agreement for Loop 303 Phase 1 Utility Group and would record a
memorandum of agreement on the property.
A motion was made by Councilmember Jamie Aldama, seconded by Councilmember
Lauren Tolmachoff to adopt Resolution No. R21-11.
AYE: Vice Mayor Ian Hugh
Councilmember Jamie Aldama
Councilmember Ray Malnar
Councilmember Lauren Tolmachoff
Councilmember Bart Turner
City Council Meeting Minutes - February 9, 2021 Page 13 of 14
NAY: Councilmember Joyce Clark
Other: Mayor Jerry Weiers (ABSENT)
Passed
REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION
A motion was made by Councilmember Bart Turner, seconded by Councilmember Joyce
Clark to hold a special budget workshop on Tuesday, February 16, 2021 at 9:00 a.m. in
the Civic Center, 5750 West Glenn Drive and the next regularly scheduled City Council
workshop on Tuesday, February 23, 2021 at 12:30 p.m. in the Civic Center, 5750 West
Glenn Drive, to be followed by an executive session pursuant to A.R.S. 38-431.03.
AYE: Vice Mayor Ian Hugh
Councilmember Jamie Aldama
Councilmember Joyce Clark
Councilmember Ray Malnar
Councilmember Lauren Tolmachoff
Councilmember Bart Turner
Other: Mayor Jerry Weiers (ABSENT)
Passed
COUNCIL COMMENTS AND SUGGESTIONS
Councilmember Clark had received her second dose of the COVID vaccine and had not experienced
any aftereffects.
CITIZEN COMMENTS
James Deibler, Phoenix resident, commented on the proposed closure of five Glendale elementary
schools.
ADJOURNMENT
Vice Mayor Hugh adjourned the meeting at 6:30 p.m.
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the
meeting of the Glendale City Council of Glendale, Arizona, held on the 9th day of February,
2021. 1 further certify that the meeting was duly called and held and that a quorum was
present.
Dated this 24th day of February, 2021.
Juii? K Bower, MMC, City Clerk
City Council Meeting Minutes - February 9, 2021 Page 14 of 14