CITY OF TOLLESON CITY COUNCIL MEETING MINUTES TUESDAY, JULY 12, :00 P.M.

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1 CITY OF TOLLESON CITY COUNCIL MEETING MINUTES TUESDAY, JULY 12, :00 P.M. CALL TO ORDER Mayor Gámez called the Tolleson City Council Meeting to order at 7:00 P.M. INVOCATION/PLEDGE OF ALLEGIANCE The Invocation was delivered by Assistant City Manager Lopez, and the Pledge of Allegiance was led by Council Member Erives. ROLL CALL Mayor Adolfo Gámez, Vice Mayor Linda Laborin, Council Members Lupe Bandin, Clorinda Erives and Kathie Farr were present. Council Members Albert Mendoza and Juan Rodriguez were absent. Administration: City Manager Reyes Medrano Jr., Assistant City Manager John Paul Lopez, Economic Development Director Jason Earp, City Engineer Paul Gilmore, Fire Chief George Good, City Attorney Nicholle Harris, Chief Financial Officer Vicky Juvet, Field Operations Director Jamie McCracken, Police Chief Lawrence Rodriguez, Finance Services Manager Rey Sanchez, Deputy City Clerk Michelle Smythe, City Attorney Gary Verburg and City Clerk Crystal Zamora. FINAL CALL TO SUBMIT SPEAKER REQUEST FORMS All citizens and interested parties wishing to speak before the Council shall fully complete a Speaker Request Form and, if possible, submit the form(s) to the City Clerk, or designee prior to the meeting being convened; but in any case submissions should be made no later than the Presiding Officer announcing the Final Call to Submit Speaker Request Forms. Speaker Request Forms are located in the lobby of the Council Chambers. All speakers will be limited to 3 minutes unless otherwise noted by the Mayor. CALL TO THE PUBLIC (NON-AGENDA ITEMS) None.

2 Page 2 of 8 SCHEDULED PUBLIC APPEARANCES 1. Proclamation declaring August 2016 as Drowning Impact Awareness Month in the City of Tolleson and urging all communities and citizens of Arizona to participate in efforts to reduce drowning risk, strengthen families, and protect children and teens. City Attorney Verburg read the Proclamation aloud, and Mayor Gámez so proclaimed August 2016 as Drowning Impact Awareness Month in the City of Tolleson. 2. Proclamation declaring August 2016 as Child Support Awareness Month in the City of Tolleson, proclaiming the safety and well-being of children is paramount, and families need financial means and stability to protect and assist their children; City Attorney Verburg read the Proclamation aloud, and Mayor Gámez so proclaimed August 2016 as Child Support Awareness Month in the City of Tolleson. 3. Introduction of New Employees: Community Services Department: Manuel Lopez Senior Center Driver Fire Department: William Siggins Fire Fighter Assistant City Manager Lopez introduced Senior Center Driver Manuel Lopez who has been with the City of Tolleson for four months. He is doing a great job delivering meals in the heat and filling in for Frank Armenta who is currently out of the office. Manuel is married with three children and is excited to be working at the City. Fire Chief Good introduced Fire Fighter William Siggins, also known as Matt. He graduated from the Glendale Fire Academy and worked in the Mayer Fire District since Fire Chief Good also introduced Fire Fighter Robert Rillamas who has been in the fire service for 18 years. He previously worked for the City of Tolleson in 2008 and then transferred to the Rural/Metro Fire Department in Yuma. He is married with two kids and still lives in Yuma. Robert is a Paramedic and a Hazardous Materials Technician. BUSINESS FROM THE FLOOR - PUBLIC HEARINGS AND ACTION 1. Public Hearing Soliciting comments from interested parties in reference to Zoning Application # as submitted by Kelly Kvetko on behalf of Utility Trailers Sales Company of Arizona, located at 8710 West Roosevelt Street, Tolleson, Arizona

3 Page 3 of , for a text amendment to the zoning code relating to a proposal to revise the approved PAD for the Rados project in regards to free-standing sign restrictions. Following the Public Hearing, Council Action: Approve/Deny Zoning Application # as submitted by Kelly Kvetko on behalf of Utility Trailers Sales Company of Arizona, located at 8710 West Roosevelt Street, Tolleson, Arizona 85353, for a text amendment to the zoning code relating to a proposal to revise the approved PAD for the Rados project in regards to free-standing sign restrictions. The public hearing opened at 7:09 P.M. and closed at 7:16 P.M. George Craven from Utility Trailers Sales Company stated they moved into their new facility over the weekend. He expressed how awesome Tolleson has been to work with. They are located in the Rados Tolleson Center where Inland Kenworth and Love's Travel Stops & Country Stores are in the Planned Area Development (PAD) with 90 foot signs. Utility Trailers Sales Company s signs were approved at 60 feet. They are requesting a variance in order to go up to 75 feet, which will still be shorter than the other two signs. If the proposed setback is approved, the sign will not obstruct the view of the Love s sign. The 91 st Avenue overpass would block the view of the sign if it remains at the existing setback. City Engineer Gilmore added the original PAD signing aspects allowed for three freeway signs. The other two signs are multitenant signs; the single tenant sign does not have to be as high. The City Code allows 70 feet for multitenant signs so the other businesses received an extra 20 feet through a variance. The single tenant sign is only allowed to be 60 feet per City Code. If the variance is approved, Utility Trailers Sales Company would receive an extra 15 feet for a single tenant sign. Also, they would like to move the sign east in order to see it better with a property setback from 50 feet to 40 feet. The proposed sign is still in their property and will have no impact or hindrance on other businesses or residential areas. Staff has no issues with these requests. City Manager Medrano Jr. commented on the iconic buildings that have been built by Inland Kenworth, Love's Travel Stops & Country Stores and Utility Trailers Sales Company that define this community. He is very proud of what they have done. The Planning & Zoning Commission has unanimously recommended approval of this variance application. Motion made to approve Zoning Application # by Vice Mayor Laborin and seconded by Council Member Erives. Motion carried Public Hearing Soliciting comments from interested parties in reference to a text amendment to the zoning code relating to medical marijuana dispensaries and

4 Page 4 of 8 medical marijuana cultivation facilities. Medical marijuana dispensaries are currently permitted in I-2 zoning districts. Medical marijuana cultivation facilities are currently not a permitted use in the zoning code. The text amendment will consider changes in the zoning districts permitting medical marijuana dispensaries and cultivation facilities, hours of operation for such dispensaries and facilities, spacing requirements from other uses for such dispensaries and facilities, security requirements and other matters related to land use requirements for medical marijuana dispensaries and cultivation facilities. (Ordinance No. 564 N.S.) This public hearing was continued from the Special City Council Meeting held on Tuesday, July 5, Following the Public Hearing, Council Action: Adopt/Deny Ordinance No. 564 N.S. of the Mayor and City Council of the City of Tolleson, Arizona, amending the city zoning ordinance, Chapter 12, Land Use, Article 12-4, allowing medical marijuana dispensary and cultivation facilities in Industrial I-1 zoning as a permitted use and amending requirements for medical marijuana dispensary and cultivation facilities relating to spacing requirements, square footage for such facilities, hours of operation, and security. The public hearing opened at 7:18 P.M. and closed at 7:23 P.M. City Attorney Verburg recommended adding a conditional use permit since there is no tax derived from the sales in cultivation facilities. The Ordinance will have an amendment to require a use permit requiring cultivation facilities to pay the City in lieu of taxes. Council Member Erives questioned how dispensaries handled their finances. Mike Colburn, an owner of a cultivation dispensary, replied they pay their vendor, and then the vendor deposits the money into their bank account. The Arizona Department of Revenue is a vendor, for example. Their dispensary is audited by the Department of Health Services every year, and a third party Certified Public Accountant (CPA) firm accounts for every single penny that is earned. Tolleson would be a vendor through a contract. Mayor Gámez pointed out that many dispensaries try to give back to the community through donations. Motion made to adopt Ordinance No. 564 N.S. with an amendment adding a conditional use permit for cultivation facilities to pay the City in lieu of taxes by Vice Mayor Laborin and seconded by Council Member Farr. Motion carried 4-1. Council Member Bandin voted nay.

5 Page 5 of 8 CONSENT AGENDA ACTION ITEMS Items on the Consent Agenda are of a routine nature and are intended to be acted upon in one motion. Council Members may pull items from Consent if they would like them considered separately. a. Approve Minutes: Regular City Council Meeting Minutes of June 28, b. Approve Claims and Bills. (Documentation may be reviewed at City Hall during regular business hours.) c. Approve First Amendment to Cooperative Purchasing Agreement between the City of Tolleson and Regional Pavement Maintenance of Arizona, Inc. for the Vendor to provide asphalt paving, and authorize the City Manager to execute said documents on behalf of the City. The City and the Vendor desire to enter into this First Amendment to provide for the cost of and purchase the additional materials and services and extend the term of the Agreement to June 30, The City shall increase the compensation to Vendor by $74, for the additional materials and services, resulting in an increase of the annual aggregate not-to-exceed compensation from $86, to $161, for the renewal term, the City shall increase the compensation to Vendor by $38, for the additional materials and services, resulting in an increase of the annual aggregate not-to-exceed compensation from $300, to $338,780.00, increasing the total compensation for the entire term, from $386, to an aggregate amount not-to-exceed $500, d. Approve Professional Services Agreement between the City of Tolleson and Arizona Galvanizing, Inc. for Contractor to provide hot dip galvanizing for metal products throughout the City, and authorize the City Manager to execute said documents on behalf of the City. The City shall pay the Contractor for the initial term and the renewal term, if any, an annual aggregate amount not to exceed $100, for materials and services. The maximum aggregate amount for this Agreement, including the renewal term, if any, shall not exceed $200, e. Approve Cooperative Purchasing Agreement between the City of Tolleson and Ewing Irrigation Products, Inc., for the Vendor to provide irrigation and landscaping products, and authorize the City Manager to execute said documents on behalf of the City. The City shall pay Vendor for the initial term and for each subsequent renewal term, if any, an annual aggregate amount not to exceed $20, for materials. The maximum aggregate amount for this Agreement, including all renewal terms, shall not exceed $60, Motion made to approve Consent Agenda items a.-e. by Vice Mayor Laborin and seconded by Council Member Bandin. Motion carried 5-0.

6 Page 6 of 8 REGULAR AGENDA ACTION ITEMS 1. Approve authorization for the donation of the City of Tolleson Fire Department s turn out/training/unusable gear to a community college in non-fire training scenarios or to Mexico Fire Departments. Fire Chief Good explained that the Tolleson Fire Department has gear that is expired and cannot be auctioned. It can only be used for training or thrown away. He offered to take the equipment to Mexico since he goes there frequently. Mexico Fire Departments usually do not have any gloves or helmets. The expired equipment is serviceable, however; by law, it is not usable in the United States. Mayor Gámez has donated to Mexico in the past and believes the equipment should be donated there as well. Motion made to authorize the donation of the City of Tolleson Fire Department s turn out/training/unusable gear by Council Member Bandin and seconded by Vice Mayor Laborin. Motion carried 5-0. Council Member Erives asked if there were any nonprofit organizations in Mexico that would accept the donations, and then they would determine which cities would receive them based on need. City Manager Medrano Jr. said the City should consider a Sister Cities Program. MAYOR/CITY MANAGER S REPORT OF CURRENT EVENTS 1. Alternative Expenditure Limitation (Home Rule Option) Primary Election Tuesday, August 30, General Election Tuesday, November 8, 2016 (Any candidate receiving a majority of all votes cast at the Primary Election will be declared elected without running at the General Election.) 3. Legislative Update There are no updates at this time. 4. Community Events & Programs Update: a. Independence Day Celebration Update Mayor Gámez announced how proud he was of City staff for organizing a fantastic Independence Day Celebration. Every vacant lot and field was full of people waiting for the fireworks, and the employees were working hard all day and night. The line for the free watermelon was very long. He thanked the donors for their donations and the volunteers for their assistance. Assistant City Manager Lopez

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