CITY OF TOLLESON CITY COUNCIL MEETING ACTION MINUTES TUESDAY, APRIL 11, :00 P.M.

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1 CITY OF TOLLESON CITY COUNCIL MEETING ACTION MINUTES TUESDAY, APRIL 11, :00 P.M. CALL TO ORDER Mayor Tovar called the Tolleson City Council Meeting to order at 6:02 P.M. INVOCATION/PLEDGE OF ALLEGIANCE The Invocation was delivered by Assistant City Manager Lopez, and the Pledge of Allegiance was led by Vice Mayor Rodriguez. ROLL CALL Mayor Anna Tovar, Vice Mayor Juan Rodriguez, Council Members Lupe Bandin, John Carnero, Clorinda Erives, Linda Laborin and Albert Mendoza were present. Administration: City Manager Reyes Medrano Jr., Assistant City Manager John Paul Lopez, Field Operations Superintendent Frank Aponte, Utilities Director Mark Berrelez, Police Chief Wayne Booher, Economic Development Director Jason Earp, Librarian Kim Eckhoff, City Engineer Paul Gilmore, Fire Chief George Good, Information Technology Director Stephen Holliday, Human Resources Director Wendy Jackson, Chief Financial Officer Vicky Juvet, Community Services Manager Adriana Morado, Magistrate Diana Quezada, Financial Services Manager Rey Sanchez, Intergov/Council Liaison Pilar Sinawi, 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) This is the time for the public to comment. Members of the Council may not discuss items that are not specifically identified on the agenda. Therefore, pursuant to A.R.S H,

2 action taken as a result of public comment will be limited to directing staff to study the matter or scheduling the matter for further consideration and decision at a later date. SCHEDULED PUBLIC APPEARANCES 1. Proclamation declaring April 2017 as Fair Housing Month in the City of Tolleson, urging all citizens of this community to comply with the letter and spirt of the Fair Housing Law. BUSINESS FROM THE FLOOR - PUBLIC HEARINGS AND ACTION 1. Public Hearing Soliciting comments from interested parties in reference to Site Plan Application # for the proposed site plan as submitted by Rees Waite of TPA Group, on behalf of the property owner, Tolleson Ten, LLC, for a 128,191 square foot distribution facility with office, coolers, freezer, dry storage and associated parking, all to be located at the southeast corner of 87th Avenue and Washington Street in Tolleson, Arizona. The proposed site (APNs A and ) is approximately 9.55 acres and currently zoned Light Industrial (I-1). (XPO Logistics Cold Storage) Following the Public Hearing, Council Action: Approve/Deny Site Plan Application # Public Hearing opened at 6:06 P.M. and closed on 6:19 P.M. Motion made to approve Site Plan Application # with fourteen stipulations by Council Member Laborin and seconded by Council Member Mendoza. Motion carried Public Hearing Soliciting comments from interested parties in reference to Temporary Use Permit Application # as submitted by Diego Espinoza of Fuego Mexican Grill & Cantina, 9118 West Van Buren Street, Tolleson, Arizona to use Fuego Mexican Grill & Cantina s parking lot to host the 10 th Annual Fuego de Mayo event to benefit the Tolleson Woman s Club through beer and wine sales. The event will be held on Friday, May 5, 2017 from 5:00 P.M. to 2:00 A.M. and Saturday, May 6, 2017 from 5:00 P.M. to 2:00 A.M. Following the Public Hearing, Council Action: Approve/Deny Temporary Use Permit Application # Public Hearing opened at 6:20 P.M. and closed on 6:29 P.M. The applicant requested to remove Saturday, May 6 th for the event; therefore, the event will only take place on Friday, May 5 th. Motion made to approve Temporary Use Permit Application # by Vice Mayor Rodriguez and seconded by Council Member Mendoza. Motion carried 7-0. PRESENTATION FOR DISCUSSION ONLY 2

3 1. Discussion with Mr. Felipe Zubia, of Matrix Design Group, regarding the development of a parcel located at the southwest corner of 99th Avenue and Van Buren Street. 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: Work Study Minutes of March 21, 2017 and Regular City Council Meeting Minutes of March 28, b. Approve Claims and Bills. (Documentation may be reviewed at City Hall during regular business hours.) c. Approve Cooperative Purchasing Agreement between the City of Tolleson and Pump Systems, Incorporated for the vendor to provide the City with pumps, repair services, parts and accessories, 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 the renewal term, if any, an annual aggregate amount not to exceed $75,000 for the materials and services. The maximum aggregate amount for this Agreement, including the renewal term, shall not exceed $150,000. This Agreement shall remain in full force and effect until March 18, 2017 and shall automatically renew for one successive one-year term. (Utilities Department) d. Approve Cooperative Purchasing Agreement between the City of Tolleson and the Mejorando Group, LLC for the vendor to provide training and professional development services for various City projects, 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 the subsequent renewal term, if any, an annual aggregate amount not to exceed $40,000 for the services. The maximum aggregate amount for this Agreement, including the renewal term, shall not exceed $80,000. This Agreement shall remain in full force and effect until June 30, 2017 and may be renewed for one successive one-year term. (Human Resources Department) e. Approve Second Amendment to Cooperative Purchasing Agreement between the City of Tolleson and Regional Pavement Maintenance of Arizona, Inc. for the vendor to provide the City with asphalt paving on an as required basis and authorize the City Manager to execute said documents on behalf of the City. The City has determined that additional materials and services by the Vendor are necessary for various City projects, and the City and the Vendor desire to enter into this Second Amendment to provide for the cost and purchase of the additional materials and services. For the initial term, ending June 30, 2017, the City shall increase the compensation to Vendor by $100,000 for the additional materials and services, resulting in an increase of the annual aggregate not-to-exceed compensation from $161,220 to $261,220. For the renewal term, the City shall pay the Vendor an aggregate amount not to 3

4 exceed $338,780 for the additional materials and services. The maximum aggregate amount for this Agreement, including the renewal term, shall not exceed $600,000. (Field Operations Department) f. Reappoint Donald Gerhart to the Public Safety Personnel Retirement Boards to serve until January 1, Motion made to approve Consent Agenda items a.-f. by Council Member Laborin and seconded by Council Member Bandin. Motion carried 7-0. REGULAR AGENDA ACTION ITEMS MAYOR/CITY MANAGER S REPORT OF CURRENT EVENTS 1. Legislative Update 2. Follow Up on Speaker Request Forms Abandoned property located on 101 South 92 nd Drive, Tolleson, AZ Field Operations Director Jamie McCracken. 3. Community Events & Programs Update VFW Post 6310 Easter Celebration on Saturday, April 15 th from 10:00 A.M. to 1:00 P.M. at Tolleson Veterans Park. Whoopee Daze Festival on Friday, April 21 st from 6:00 P.M. to 12:00 A.M., Saturday, April 22 nd from 11:00 A.M. to 12:00 A.M. and Sunday, April 23 rd from 12:00 P.M. to 10:00 P.M. at Tolleson Veterans Park. Movie at Central Plaza on Friday, May 12 th at 6:30 P.M. Tolleson Earth Day Celebration Update. PRESENTATION FOR DISCUSSION ONLY 1. FY Budget Session/Presentation by Chief Financial Officer Victoria L. Juvet. ADJOURNMENT Motion made to adjourn at 10:50 P.M. by Council Member Laborin and seconded by Council Member Carnero. Motion carried

5 Site Plan Review XPO Logistics March 20, 2017 MEMORANDUM To: Reyes Medrano, City Manager Date: March 20, 2017 From: Subject: Paul Gilmore, City Engineer and Building Official Site Plan Review XPO Logistics, New 128,191 S.F. Cold Storage/Distribution Warehouse, 8681 W. Washington Street Following are my recommended stipulations for site plan approval for this project: 1. Remove and replace all broken or cracked curb and gutter, and any damaged pavement along the property s frontage to Washington Street; existing pavement along said frontage shall be microsealed for the full width of the street following the completion of on-site improvements at the sole discretion of the City Engineer. 2. All connections to the public water system shall be protected with backflow devices installed to City standards. 3. A building sprinkler system is required and an on-site private fire line shall be designed and installed to the satisfaction of the City Engineer and Fire Department; fire hydrants shall be spaced at not greater than 300 foot intervals in accordance with IFC 2006, Appendix C. 4. The Developer shall provide final site improvement plans, inclusive of grading/drainage/paving, utility, site lighting, and landscaping plans, to the satisfaction of the City Engineer. 5. Along with the improvement plans, the Developer shall submit a comprehensive drainage report that addresses on-site drainage and retention, off-site drainage, and the existing floodplain across the site. On-site storm drains shall be sized for the 10-year peak runoff and routed to reach the retention basin(s). 6. Prior to City approval of the improvement plans or issuance of a building permit, the Developer shall obtain a floodplain use permit from the Flood Control District of Maricopa County. If the floodplain limits will be revised, the Developer shall prepare and submit for approval a Conditional Letter of Map Revision or Letter of Map Revision to FEMA. 7. Stormwater runoff for the 100-year, 6-hour rainfall from the site and from the half-street frontage on all abutting streets shall be stored on-site. Retention basin design shall conform to City requirements. 8. Sufficient drywells shall be provided to dry up the retention basin(s) within 36 hours; drywells shall be Maxwell Plus type as manufactured by Torrent Resources Company or approved equal. Page 1 of 2

6 Site Plan Review XPO Logistics March 20, Driveway approaches shall conform to a modified City of Phoenix standard Detail No. P1243 with concrete to be class A, and 10 inch thickness with fiber mesh. 10. The existing Salt River Project irrigation ditch that traverses the property shall be converted to an underground pipe. 11. Perimeter screen walls and security fences shall be constructed in conformance with the City Zoning Code. 12. Security gates shall be automated and provide for emergency vehicle ingress and egress to the satisfaction of the Fire Chief. 13. The Developer shall prepare a final plat to combine the existing parcels into a single parcel and to dedicate any required public sidewalk easements at the driveways per stipulation no. 8. Public Utility Easements (PUE s) shall be dedicated adjacent to existing right-of-way lines. Said plat shall be approved and recorded prior to issuance of a final occupancy permit. 14. Prior to approval of the final plat, the owner shall provide documentation of the adjacent property owner s consent to the perpetual shared use of the paved access drive along their westerly property for emergency ingress/egress purposes. Any gates across said emergency ingress/egress shall be automated and equipped per the requirements of the Fire Chief. * * * * * Page 2 of 2

7 CITY OF TOLLESON CITY COUNCIL Page 1 of 158 MAYOR TOVAR:...council meeting to order. Today is Tuesday, April 11th. John Paul, could you lead us in the invocation, and Vice Mayor Rodriguez, in the pledge of allegiance? ASST. CITY MANAGER LOPEZ: Let us bow our heads. Heavenly Father, we thank you for bringing us here tonight. (Unintelligible) Council, Lord. We just ask that you help us to discern and do what's responsible, Lord, for the citizens of Tolleson, Lord, and for our community as a whole, Lord. Lord, we just ask for your blessing upon our community, that it continues to grow and prosper, Lord, that we forever are here to serve the people of Tolleson, Lord. And let us never forget that we are serving to the people, Lord. Lord, we just ask your blessing upon those who serve in public officials as police and fire, and those on our council, Lord, that they serve the people, Lord. Watch over them daily. And especially those that are fall away in the armed services, Lord, both here at home and those that are far away and in danger, Lord. We ask that you keep them and their families in our prayers, Lord, always and keep them and bring them home safely, Lord. Lord, we especially pray for the children of our world, and especially for our community, Lord, that they always have somewhere to turn to and that they are loved and sheltered, Lord, that they learn from our adults, Lord, and what we do for them, Lord. We just ask for your blessing and to keep them safe. For all this we pray. Amen. ALL: Amen. I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. MAYOR TOVAR: Let the roll reflect that we are all present. Right now is your final call to submit speaker request forms. They are the white speaker request forms in the back. If you would like to speak to any of our non-agenda items, you need to fill out the white form that is in the back. So if there's anyone that is needing to fill those out, we'll give you a few extra seconds to get those completed. Call to the Public, Non-Agenda Items. These are the white forms that were filled out in the back. City Clerk, do we have any? CITY CLERK ZAMORA: No, we do not Mayor. MAYOR TOVAR: No? Okay. Moving on to Scheduled Public Appearances. Our number one, our proclamation declaring April 2017 as Fair Housing Month in the City of Tolleson, urging all citizens of this community to comply with the letter and the spirit of Fair Housing Law are we going to present it to someone, Miss - CITY ATTORNEY VERBURG: Traditionally, they've asked me to at least paraphrase it. Page 1 of 158

8 CITY OF TOLLESON CITY COUNCIL Page 2 of 158 MAYOR TOVAR: Go ahead, Gary. CITY ATTORNEY VERBURG: Yeah. This is a proclamation for Fair Housing Month, April 2017 (unintelligible) the Civil Rights Act 1968, commonly known as the Federal Fair Housing Act and the Fair Housing Amendments Act of 1988 to prohibit the discrimination of the sale of rental, leasing, financing with housing of land to be used for the construction of housing or the provision of brokered services on the basis of race, color, religion, sex, disability, familiar status, or national origin. And traditionally, the month of April is (unintelligible) as the Fair Housing Month of the United States. Now, therefore this is actually (unintelligible) proclamation (unintelligible). I have been told by the mayor of the City of Tolleson, Arizona, to hereby proclaim April as Fair Housing Month and to hereby urge all citizens in this community to comply with the letter of the spirit of Fair Housing Law. MAYOR TOVAR: Thank you, Mr. Verburg. Thank you. So we'll move on now from business from the floor, public hearings and actions. Number one, we have a public hearing soliciting comments from interested parties in reference to a Site Plan Application # for the proposed site plan as submitted by Rees Waite of TPA Group, on behalf of the property owner, Tolleson Ten, LLC, for a 128,191-square-foot distribution facility with office, coolers, freezer, dry storage, and associated parking, all located at the southeast corner of 87th Avenue and Washington Street in Tolleson, Arizona. The proposed site, APNs # A and , is approximately 9.55 acres and currently zoned Light Industrial I-1, XPO Logistics Cold Storage. City Clerk, could you open this public hearing? Is there anyone here that is speaking on this? MALE: Mr. Waite, do you have a presentation for Council (unintelligible)? MAYOR TOVAR: Mr. Waite, the floor is yours. REES WAITE: Well, thank you all. We're thrilled to be here in Tolleson today. I brought my team with me that's going to be doing the project. Mike Whitman is with XPO. He run it is current facility. FEMALE: (Unintelligible). REES WAITE: Got you. He runs the facility here that right now is in Phoenix. We'll be moving here to Tolleson. It is a cold storage facility. I also brought our architecture team, our engineering team, our contractor, our civil engineer, if there were any questions that I couldn't answer tonight for (unintelligible). And we are moving forward on this piece of property. I may be standing in y'all's way, but - Page 2 of 158

9 CITY OF TOLLESON CITY COUNCIL Page 3 of 158 MAYOR TOVAR: Oh, no, you're fine, you're fine. REES WAITE: This is the facility we're proposing to build on the site and the reason we're here this evening. The front view here you see is what you would see from Washington Street. That is the office component there in the corner, and then goes further down. Let's just see here, make sure I can do this. That's the site plan. The arrows in the parking lot, that's our civil schematic site plan. It shows the drainage for the site. The building's about 128,000 square feet total with about 18 to 20 truck dock doors. Not all of them will be used at first. I think we have a few other - here we go. Just an idea of the landscaping. Fairly heavily landscaped. Our retention will be across Washington and we'll buffer and landscape around that obviously. That's the first half of the building. The second half of the building here is kind of in the back. We have a little bit of trailer parking as you can see back along the back. Some other employee parking back there if needed. Right now we won't need that. But it's a very straightforward facility. Let's see what else we have. And that's just the elevations. Sorry they're not colored, but it's the same colors we have. I'm getting there. So (unintelligible). Anyway, like I said, it is a cold storage facility, 128,000 square feet. We hope to be in the ground here before too terribly long. We'll go through the permit process. I will - he didn't pay me to say this, but I will commend Paul and his staff. They've been very helpful in guiding us and working with us on the project. The cold storage facility will have a unique somewhat-new air-conditioning system for the cold storage. It's actually - the majority of the building's a freezer. About 75,000 square feet of it's a freezer. About 20,000 square feet is a cooler. The rest is the cold dock and the office. And it's a fairly new system that minimizes - a lot of the big cold storage facilities throughout town are ammonia-based systems. And this is an ammoniabased system, but it's a newer system that utilizes much less ammonia under a lower pressure. And so we're happy to be - we're not a guinea pig on that. This system's been done for about five or seven years, so it's somewhat of a state-of-the-art system as far as that's concerned. That's really all I had. Any questions I can answer for anyone? MAYOR TOVAR: Yes. We have Council Member Laborin has a question. REES WAITE: Yes, please. COUNCIL MEMBER LABORIN: Are you going to be bringing your men from another area to come and work here or are you hiring within the City of Tolleson? Page 3 of 158

10 CITY OF TOLLESON CITY COUNCIL Page 4 of 158 REES WAITE: I'll let Mike answer that. I think the answer is both, but Mike. MIKE WHITMAN: As far as the workforce? COUNCIL MEMBER LABORIN: Yes. MIKE WHITMAN: Yeah. I mean, our current facility is on 59th Avenue and Van Buren. And it's being condemned because of (unintelligible). So, you know, being that we're forced to move, you know, our first choice was Tolleson. And the current workforce that we have, most of them all live out west here. A bunch - a handful in Tolleson, Avondale, (unintelligible). COUNCIL MEMBER LABORIN: Oh, okay. MIKE WHITMAN: The good thing about staying close where we're currently able, we're going to be able to retain our workforce. COUNCIL MEMBER LABORIN: Okay, thank you. MAYOR TOVAR: Council Member Bandin. COUNCIL MEMBER BANDIN: What kind of products do you store in your cold storage? REES WAITE: I'll answer for Mike (unintelligible). Come on up. COUNCIL MEMBER BANDIN: I'm just curious as to what kind of products - REES WAITE: Anything in your freezer department at the grocery store. MIKE WHITMAN: I mean, yeah, that's exactly right. Everything from raw materials, from local growers, to seafood, meat. We have a very large meat customer, fresh meat, poultry, pork, that supplies a lot of the carnicerias around town and different markets. So a wide variety of all food products. COUNCIL MEMBER BANDIN: Okay, thank you. Very interesting, thank you. REES WAITE: If you walked in, you would see the products in the freezer shelf but just in pallets. MAYOR TOVAR: Vice Mayor Rodriguez. Page 4 of 158

11 CITY OF TOLLESON CITY COUNCIL Page 5 of 158 VICE MAYOR RODRIGUEZ: That was actually part of my question. The other part was, mode of transportation obviously is going to be diesel. So I'm assuming that those extra bays in the back are so you guys won't be doing in staging on Washington or any of the materials leading into your facility, right? That's been a problem in the past. REES WAITE: Correct, correct. Diesel storage, any of that sort of thing, you know - MIKE WHITMAN: No, (unintelligible). REES WAITE: They'll fuel off site. VICE MAYOR RODRIGUEZ: And the point of exit is going to be over at 83rd Avenue? REES WAITE: Out to the - yes, correct, correct. MIKE WHITMAN: It has to be, sir. REES WAITE: It has to be. Yeah, you can't go left. MALE: Or not to Van Buren. You can get to Van Buren (unintelligible). CITY MANAGER MEDRANO: You can, but we strongly (unintelligible). REES WAITE: You have to go out and to the right. CITY MANAGER MEDRANO: (Unintelligible) the light. It's safer (unintelligible) the light. REES WAITE: It's a straight shot. MAYOR TOVAR: Council Member Carnero. COUNCIL MEMBER CARNERO: Your best estimate as to completion? REES WAITE: May of next year. Hopefully a little bit sooner. MAYOR TOVAR: Council Member Mendoza. COUNCIL MEMBER MENDOZA: What's the number of employees - how many employees do you carry? REES WAITE: The number of employees? MIKE WHITMAN: About 85 or less. Page 5 of 158

12 CITY OF TOLLESON CITY COUNCIL Page 6 of 158 MAYOR TOVAR: Just a quick question in reference - as Vice Mayor Rodriguez mentioned, can you go back to the screen where you're showing the dock itself? REES WAITE: All right. So let's go to this one maybe. Is that good? No? Let's go back to - MAYOR TOVAR: (Unintelligible). Okay. So the docks are facing west? REES WAITE: Correct. MAYOR TOVAR: Okay. REES WAITE: Correct. MAYOR TOVAR: And there's any noise deterrents on the retention, because I know there's the neighborhood to - REES WAITE: To the north, yes, ma'am. MAYOR TOVAR: - to the north, yes. REES WAITE: Mm-hm, yeah. MAYOR TOVAR: In trying to prohibit the minimum amount of noise as possible. REES WAITE: That noise and everything, correct. We are going to heavily landscape around that with trees. I'm not sure that showed up very well in the landscape picture. It's not a - Mike, correct me if I'm wrong. It's not a nighttime operation, midnight or anything. MIKE WHITMAN: It's a Sunday-through-Friday operation and possibly on Saturday. Most of the activity happens starting at 6:00 am in the morning. MAYOR TOVAR: Okay. MIKE WHITMAN: And there's some minor activity that goes through the night. MAYOR TOVAR: Okay. MIKE WHITMAN: But the trucks will all be to the south. REES WAITE: To the south end, correct. MIKE WHITMAN: Not up toward Washington. REES WAITE: Washington, correct. Page 6 of 158

13 CITY OF TOLLESON CITY COUNCIL Page 7 of 158 MAYOR TOVAR: Okay. So they'll start - MIKE WHITMAN: Yeah. REES WAITE: Right, right. MAYOR TOVAR: Okay. And is there any type of - because I know with the other - there's another facility that's the Home Depot, and I know they're heavily - MIKE WHITMAN: Right. REES WAITE: A little further over, mm-hm. MAYOR TOVAR: - working as far as in the evening time. And I know from neighbors that's one of the complaints that we hear is the noise from either the backing up of trucks, the dropping of pallets, those type of things. I think it's just the vibration and the noise because there's not much of a buffer between that empty area. So that would probably just be one area of concern for me and for residents that live close by. REES WAITE: We certainly won't have as many trucks as Home Depot. MIKE WHITMAN: Yeah. And all the activity, I mean we don't go outside and load trucks like Home Depot typically does with flat beds. A truck will back up. A trailer will back up to the facility and - REES WAITE: It's handled from inside the facility. MIKE WHITMAN: So there won't be forklifts out in the parking lot with horns - MAYOR TOVAR: Horns. MIKE WHITMAN: - with backup horns beeping and lights flashing. MAYOR TOVAR: Okay. Your hours of operation for these days? MIKE WHITMAN: 6:00 am. It's Monday through Friday - or Sunday through Friday. MAYOR TOVAR: Okay. MIKE WHITMAN: It's basically a 24-hour operation, 24/7. MAYOR TOVAR: Okay. MIKE WHITMAN: The majority of the activity happens from 6:00 am to 5:00. And then there's minimal outbound activity at night. And then Saturday is a half day. Page 7 of 158

14 CITY OF TOLLESON CITY COUNCIL Page 8 of 158 MAYOR TOVAR: Okay. Vice Mayor. VICE MAYOR RODRIGUEZ: Yeah. I'm not typically a warehouse fanatic, period. We have a bunch of them here in town. But given the fact that this is going to be minimal on a lot of the residents, I feel kind of guilty because 59th Avenue was supposed to go here - I mean, the 101 was supposed to go here and we forced it that way. So - VICE MAYOR RODRIGUEZ: And the fact that everything around there with the exception of our park is warehouses already, it's very difficult to sell this property for other users. So if we're going to have a warehouse, I prefer one to have enhanced landscaping to reduce the lighting and the sound noise and then one that does most of its operation throughout the day versus in the evenings that will impact our residents. So for what it's worth, if we're going to have a warehouse, this would make sense. MAYOR TOVAR: Thank you. REES WAITE: Thank you. MAYOR TOVAR: Go to Paul Gilmore. CITY ENGINEER GILMORE: Yeah, Mayor, part of the screening - there's a stipulation that is one out of fourteen that we (unintelligible) to incorporate those stipulations. But one of those is to provide screening (unintelligible) with our code as well as to your satisfaction. Now, I met with the applicant and we discussed having a solid block wall pretty much along the whole western side all the way down to the southern portion of the building to help mitigate that noise. REES WAITE: (Unintelligible). MAYOR TOVAR: Okay. Sounds great. Council, any other questions, comments? Anyone in the public that would like to have any comments for this public hearing? Yes, sir. Could you state your name? RUFUS MAGNOLIA: Rufus Magnolia. MAYOR TOVAR: Okay. RUFUS MAGNOLIA: I own property right across from it, where he's building. You mentioned the properties to the north - I mean, to the south of them. We're north, right on the other side of Washington. Matter of fact, the address is 8699 West Washington. So now this guy - his company is going to be right at my back door. How high is this facility? And what are they going to do as far as noise reduction in the front and security? Page 8 of 158

15 CITY OF TOLLESON CITY COUNCIL Page 9 of 158 MAYOR TOVAR: Sir, if you'll - REES WAITE: Right, yeah. We're the same height as the building that's existing just immediately on this picture right below. We're the same height as that building. And from the mitigation of the noise, we are putting a wall out along Washington and down the west side because the neighborhoods north and kind of north and northwest. So that's what we're trying to do to mitigate it, yes, sir. RUFUS MAGNOLIA: So is your landscaping going to be part of - REES WAITE: Yes, sir. RUFUS MAGNOLIA: - the little small area north of Washington? REES WAITE: Yes, north of Washington. Sure is. MAYOR TOVAR: I think there's a laser pointer on that. Maybe you can show the - CITY MANAGER MEDRANO: That's (unintelligible). REES WAITE: Yeah, yeah. Sure is. Okay. MAYOR TOVAR: Okay. Any other questions or comments in this public hearing? Sir, would you be - making sure that our noise retention is probably our number-one prior to - REES WAITE: Yeah, (unintelligible). MAYOR TOVAR: - and making sure that - I know we have stipulations, but in working with our engineer and your engineer and just making sure that this takes the highest priority is making sure our residents are least disturbed by any type of noise. REES WAITE: Absolutely, absolutely. Thank you for your time. MAYOR TOVAR: Thank you. I appreciate it. Okay. City Clerk, can you close this public hearing? We are now moving into Council Action, approve or deny Site Plan Application # Council, how say you? COUNCIL MEMBER LABORIN: Motion to approve with stipulations. MAYOR TOVAR: Motion has been made by Council Member Laborin. Do I have a second? COUNCIL MEMBER MENDOZA: Second. Page 9 of 158

16 CITY OF TOLLESON CITY COUNCIL Page 10 of 158 MAYOR TOVAR: Seconded by Vice Mayor - I'm sorry. Seconded by Council Member Mendoza. I got that one. VICE MAYOR RODRIGUEZ: The second time. MAYOR TOVAR: Second time, I know. You guys sound the same. COUNCIL MEMBER MENDOZA: (Unintelligible). MAYOR TOVAR: All those in favor of motion with the fourteen stipulations, please signify by saying aye. COUNCIL MEMBERS: Aye. MAYOR TOVAR: Any opposed? It is approved. Thank you. We are moving on to public hearing number two, soliciting comments from interested parties in reference to a Temporary Use Permit Application # as submitted by Diego Espinoza of Fuego Mexican Grill & Cantina, 9118 West Van Buren Street, Tolleson, Arizona 85353, to use Fuego Mexican Grill & Cantina parking lot to host the 10th Annual Fuego de Mayo event to benefit the Tolleson Woman s Club through beer and wine sales. The event will be held on Friday, May 5, 2017 from 5:00 pm to 2:00 am and Saturday, May 6, 2017 from 5:00 pm to 2:00 am. City Clerk, can you open up this public hearing? Mr. Espinoza, the floor is yours. DIEGO ESPINOZA: Thank you. Madame Mayor, congratulations to you. MAYOR TOVAR: Thank you. DIEGO ESPINOZA: Vice Mayor, Council Members, my name is Diego Espinoza for the record. I'll give you both addresses. I don't know which one is appropriate. 803 North Christa Way is my home, and 9118 West Van Buren is my place of business, also known as Fuego Bar & Grill. I come before you today to ask for your support of the 10th Annual Fuego de Mayo. Every year that we have done this event has been beneficiaries of many charities throughout the city as well as the City of Phoenix as well as Tolleson and surrounding areas. We have reached a very good milestone this year, having our 10th year. We are asking, and for the record, that we will be removing the request for Saturday. We are just specifically asking you for May 5th. And with that, I believe it to open for any questions, comments, or concerns. MAYOR TOVAR: Thank you. DIEGO ESPINOZA: Thank you. Page 10 of 158

17 CITY OF TOLLESON CITY COUNCIL Page 11 of 158 MAYOR TOVAR: Council, any questions? Yes, Vice Mayor. VICE MAYOR RODRIGUEZ: Just to clarify, your event just like last year is going to be all within your property, right? There's not going to be no public right-of-ways that - DIEGO ESPINOZA: Absolutely not. We are specifically asking for support of the property itself, nothing outside of that. MAYOR TOVAR: Thank you. DIEGO ESPINOZA: That's correct. MAYOR TOVAR: Council Member Carnero. COUNCIL MEMBER CARNERO: Question. In terms of having an event of this size with the traffic of an event of that size, the question is for the chief. Are you staffing up any additional staff to cover this event? POLICE CHIEF BOOHER: Madame Mayor, Mr. Carnero, we won't be staffing any additional, but we don't feel that there's a need for that. COUNCIL MEMBER CARNERO: And for city management, are we providing any additional city services in relationship to this event? CITY MANAGER MEDRANO: No, sir. COUNCIL MEMBER CARNERO: Thank you. MAYOR TOVAR: Council Member Bandin. COUNCIL MEMBER BANDIN: You provide your own security for the event? DIEGO ESPINOZA: Absolutely, ma'am. We do several methods of security. So we actually have security guards on staff that are trained professionals. And we also employ off-duty police officers. In the past few years, we have utilized the services of the Maricopa County Sheriff s Department. And so we look to either have them or DPS. COUNCIL MEMBER BANDIN: Okay, thank you. DIEGO ESPINOZA: Yeah. MAYOR TOVAR: Yes, Council Member Laborin. COUNCIL MEMBER LABORIN: What's a difference between the things that you have already been having there in your parking lot to what you're having this Cinco de Mayo? Page 11 of 158

18 CITY OF TOLLESON CITY COUNCIL Page 12 of 158 DIEGO ESPINOZA: Yes, wonderful question. The two major differences is, one, that we are donating proceeds of this event to - this year's beneficiary is the Tolleson Women's Club. Where in the instance that we had - and I'll use the example of last week where we had Arizona Bike Week where we hosted a group of individuals from all across the southwestern region, is that it was specifically asking for overflow area to have additional - or individuals to have additional space so they can congregate in because we didn't have enough space in our actual facilities itself to host 250 guests. And so what we did is we asked the County as well as the City to allow us additional seating in our parking lot so we could seat those individuals. So that's the major difference. COUNCIL MEMBER LABORIN: Okay. Because I don't remember hearing anything about (unintelligible). DIEGO ESPINOZA: Well, that was a temporary use permit for one day and this is - COUNCIL MEMBER LABORIN: Oh, okay. So it doesn't have to come in front of us, okay. DIEGO ESPINOZA: Not necessarily, ma'am. COUNCIL MEMBER LABORIN: Okay, thank you. MAYOR TOVAR: Council, any other questions? DIEGO ESPINOZA: So the alcohol sales too - and thank you, Mr. City Manager, is all the alcohol sales were in our licensed premise. This is just overflow, so people can eat and drink in the actual parking lot. And this is actually allowing for sales outside of our normal premise. And we actual surrender our business license for the day, and we turned that over and we have the special event 15 license, which we are requesting your support for today. MAYOR TOVAR: Diego, just a question. DIEGO ESPINOZA: Yes. MAYOR TOVAR: So when a person comes to this event on May 5th, can you explain the process of are they charged, do they guest a wristband, as far as like security? DIEGO ESPINOZA: Absolutely. Wonderful question. So the process is, once an individual - there is a slight dress code. So we don't accept any gang-affiliated colors from any whatsoever group that have been out there. So do debrief with our sheriff's department, first and foremost. So you have sheriffs that you'll walk through. You'll also have an optional patdown. It will be random, men and women. And if women are eligible for the patdown, it would be a woman that would be performing that task. Page 12 of 158

19 CITY OF TOLLESON CITY COUNCIL Page 13 of 158 At that point, they would now surrender their license. This is a 21-and-older event, so they have to get verified. There is a swipe mechanism that we have utilized in the past. So then they'll have to go through that process. Once they go through that process and they're verified, then they will proceed on to the next line to get a wristband, allowing them and showing that they are of age, because this is 21 and older. And at which point they would go out and pay a fee of $10 to get in, or whatever the determined fee is at that time to go through and gain entry to the actual event itself. So there are several stages, five or six stages prior to actually gang entry. MAYOR TOVAR: Okay, thank you. Council Member Carnero. COUNCIL MEMBER CARNERO: One other question for Management. DIEGO ESPINOZA: Yes, sir. COUNCIL MEMBER CARNERO: Is there any legal exposure to cities from the standpoint that this is all being held on a private business location? CITY ATTORNEY VERBURG: (Unintelligible). Yes, Mayor and Members of the Council - MAYOR TOVAR: Mr. Verburg. CITY ATTORNEY VERBURG: - and members of the public. No. In this particular instance, since all the events are occurring on premises, it doesn't expose the City to any additional liability. In the past there have been some parties where they were closing down city streets, using city streets. And the circumstances were a little bit different. But being totally on premises, there's no additional risk for exposure to the City. COUNCIL MEMBER CARNERO: Thank you. MAYOR TOVAR: Thank you. Yes, Council Member Erives. COUNCIL MEMBER ERIVES: On your application, it says "live entertainment." So are you talking like live band, DJ? DIEGO ESPINOZA: So we will have a DJ. We are fortunate enough to have a DJ that has been traveling across the country. His name DJ Michael Paul. He has been featured in L.A., Las Vegas, New York. And he's going to be joining us. The individual is 16 years old. He will be accompanied by his mother and father, which are residents of Avondale. So there was a question because he's underage. He has been accompanied. And actually it was at his mother's and his father's request as well as his family members that he DJ. So we are making special accommodations for him to be in a confined area that they could watch over him. Page 13 of 158

20 CITY OF TOLLESON CITY COUNCIL Page 14 of 158 Additionally, we have two other bands that will be performing, a reality band as well as a newer band. It's featured of many artists throughout our city of Phoenix. They're up and coming. And so we're allowing them the opportunity to showcase their talents that day as well. MAYOR TOVAR: Council, any other questions or comments? Yes, Council Member Mendoza. COUNCIL MEMBER MENDOZA: What percent of the proceeds will benefit the women's club? DIEGO ESPINOZA: So by statute on the actual application, it's 25%. We have traditionally given up to 35 to 45%, sir. COUNCIL MEMBER MENDOZA: Okay. DIEGO ESPINOZA: Today I think - if I may, Madame Mayor, we're at close to the $80,000 mark of donations from this event. So thanks to you all in supporting those events in the past. We're going to be reaching the $80,000 mark hopefully this year. And that's ten years' worth of fundraising activities. MAYOR TOVAR: Great. Yes, Vice Mayor. VICE MAYOR RODRIGUEZ: I just want to add, this event and other events have been an evolution. Going back to the liability question, very good question because at first that was my major - a lot of our major concerns. You want to close down the sidewalk and you want to close down the street. DIEGO ESPINOZA: Correct. VICE MAYOR RODRIGUEZ: Once you get into public right of way, you're into access issues. You get into liability issues. DIEGO ESPINOZA: Right. VICE MAYOR RODRIGUEZ: An event like this that is 100% on your premises and you have your entertainment, you have your (unintelligible) processes. That s what I call an evolution. We've come to a place where kind of I think all parties are happy. And it is a good draw. It's a good draw. It's a good event. It's the tenth year. It wouldn't be here if it wasn't successful. DIEGO ESPINOZA: Sure. VICE MAYOR RODRIGUEZ: It promotes local businesses. And I think, given the evolution of what we've achieved and where we're at today as far as minimizing liability Page 14 of 158

21 CITY OF TOLLESON CITY COUNCIL Page 15 of 158 on the city yet the maximizing exposure of opportunities in our city, I think it's a good thing. So I commend you for taking the steps to get to where we're at today. DIEGO ESPINOZA: Thank you. MAYOR TOVAR: Anyone in the audience that has any questions or comments? I don't see any. Last call for council members. City Clerk, can you close this public hearing? DIEGO ESPINOZA: Thank you, ma'am. MAYOR TOVAR: We're moving now to action, Council action to approve or deny Temporary Use Permit Application # Council, how say you? VICE MAYOR RODRIGUEZ: I make a motion to approve, Mayor. MAYOR TOVAR: Motion is made to approve by Vice Mayor Rodriguez. COUNCIL MEMBER MENDOZA: Second. MAYOR TOVAR: There's a second by Council Member Mendoza. All those in favor, please signify by saying aye. COUNCIL MEMBERS: Aye. MAYOR TOVAR: Any opposed? Thank you so much. You're approved on your permit. DIEGO ESPINOZA: Madame Mayor, Vice Mayor, Council Members, thank you very much. MAYOR TOVAR: Thank you. Moving on now to presentation for discussion only is, number one, a discussion by Mr. Felipe Zubia, of Matrix Design Group, regarding the development of a parcel located at the southwest corner of 99th Avenue and Van Buren Street. I didn't see Mr. Zubia, but I do see - [laughs]. PAUL GILBERT: Thank you. My name is Paul Gilbert. I'm an attorney but a nice guy. PAUL GILBERT: Representing Trammell Crow. So I begin my presentation with first an apology and second a thank you. The apology is Felipe and I are working together on this project. We've worked together for a lot of years. And unfortunately, tonight you're stuck with the second string. Felipe couldn't make it. And then also my expression of gratitude. Thank you for putting me ahead of your budget discussion. Page 15 of 158

22 CITY OF TOLLESON CITY COUNCIL Page 16 of 158 MAYOR TOVAR: You must have heard about our last meeting that went over 11:00 pm. PAUL GILBERT: No, I've been forced to sit through some of those. Not that I'm not fond of your company, but that's a long night. So, knowing it's a long night, I will be very brief in my presentation. This is of course not a zoning case. And we've got a lot of information to share with you, which we'll do when the zoning case comes forward. But we wanted to use this opportunity to alert you that this project was coming, briefly tell you a little something about it, and then solicit any feedback that you might have. I go way back for this property. I'm going to disclose my age. But I represented the Cowden beneficiaries and the Board of Regions and John C. Lincoln Hospital, who had all this property. And then we came in developed it with the full cooperation of Tolleson. So I was the one that brought in the Albertsons store, then the Smith's, which later became Fry's. And so I'm very familiar with the details of this property. I go way back with it. I'm the one unfortunately that recommended that we put C-2 zoning on this piece of property. So I'm the bad guy and I'm the one to blame. Unfortunately, we thought it was a great place for C-2 at the time. And this was very early on. I remember talking with Ralph. CITY MANAGER MEDRANO: I was there. PAUL GILBERT: You were there. Oh, that's right. You were there. And we all that, "Oh, this is a pretty good site." So we stuck C-2 on there. And all this time it hasn't been developed. Furthermore, it's instructive, I submit, to look at the posture that the property is in. It's been through several owners. And it's now been foreclosed. It's owned by a bank. So the opportunities to develop this as C-2 have been few and far between. I've done a little back checking, and I can't (unintelligible) but I've talked to all the property owners, but I've got the - I've been representing or involved with most of them. There has not been one, one single offer to develop this 30-acre site for C-2. That's a long period of time to have that zoning and to not have it be developed. So we have given a lot of thought to this. And Trammell Crow, who is an experienced and well-thought-of developer here in the Valley, has the property tied up with the bank. And what we're proposing is coming forward with a hybrid development. We are proposing that we maintain the C-2 along the front of the property for Van Buren. You see it here on your facility. So we are going to try to develop that part as C-2. And I'm Page 16 of 158

23 CITY OF TOLLESON CITY COUNCIL Page 17 of 158 sorry, I didn't introduce Joe Ortin, who's my Vanna White here helping me with the presentation with Trammell Crow. PAUL GILBERT: So we are proposing to develop the front approximately eight acres for C-2 and retail. And then the back we are proposing for a distribution center. Now, let me tell you a little bit just quickly the rationale for that. First of all, the problem with a large piece like this is that in order to develop the back part of this, you've got to have a major anchor tenant. And without the major anchor tenant, it's virtually impossible to put anything else on the property by way of C-2 unless they're uses that don't depend on the anchor tenant. So that's limits you to the C-2 users that can come on the property. They're ones that, again, don't depend on the traffic that's generated from an anchor tenant like a Home Depot or a Target or something of that nature. Now, this is big enough for a Home Depot or a Target. Unfortunately - and I don't want to act like a know-it-all here because I'm not. But I've got many, many sites that were signed up for Target that Target's no longer going. Home Depot isn't doing anything anymore. And we're just cancelling another site in Glendale. So you've got the market that doesn't cater to those big users anymore. But even more importantly and I think constructive - and we'll show this. And I want to be brief. I've probably already gone too long. MAYOR TOVAR: You're okay. PAUL GILBERT: I'm usually paid by the word, but I'm going to try to move this ahead a little bit more tonight. PAUL GILBERT: But the other point we want to make here is that most - and we have a graphic that demonstrates this, that we'll need to amend with the zoning here. Almost all of the major anchor tenants that are available are already located in this immediate area. So we just don't have an opportunity to bring in a major anchor retail tenant. So that's why we're proposing this. We think that getting some retail is better than nothing. And remember, the property's been vacant for a long time. No offers for all retail. We're kind of excited. It came to our attention - many of you are wondering why so many people are here in red shirts. It came to our attention that the veterans organization would very much like to locate a building along Van Buren. When we heard about that, we thought, "Well, that may be an opportunity to work together." So we visited with the veterans. And I don't want to be overly maudlin here, but my clients were deeply impressed with the meeting they had with the veterans. And they have decided that this cause is so good and so solid and so righteous frankly, that we are Page 17 of 158

24 CITY OF TOLLESON CITY COUNCIL Page 18 of 158 going to donate that land as part of our retail frontage for the veterans for their building. And we're working very closely with them. They're here tonight. We can go into a lot more detail, but it's probably not appropriate here at this hearing. So we're quite excited about having that use and working with them. And then we're working with another retail brokerage firm. And we've got some interest in the rest of those users. The back users, the distribution center, Trammell Crow specializes in this. They have a long history of doing this very successfully. I saw by the quality of your inquiries for the other center that came before you for site plan approval tonight, that you've got a lot of concerns on traffic, landscaping. And we'll go through those. Let me tell you, we know how to do it right and we will do it right. So that's just a very short summary of kind of what we're about. And we're here to solicit any ideas or suggestions that you might have before we proceed with the filing of the case. Was that brief enough, Mayor? MAYOR TOVAR: Yes! You did a great job. PAUL GILBERT: Okay, all right. JOE ORTIN: (Unintelligible) may I take 30 seconds? MAYOR TOVAR: Yes, absolutely. JOE ORTIN: Madame Mayor, Vice Mayor, and Council Members, I am Joe Ortin with Trammell Crow. And this is a project which I understand the history on it. Yes, we have an interest in developing this, but we also want to be a part of the community and what the community supports. So if this isn't something that you all want to see, that's okay, we move on. But in our professional opinions, and I've done this a lot of years myself, it's going to be tough to get C-2 on it. We felt like this was a nice compromise. And then when the idea to bring in potentially helping the community as well, I can tell you, in my 30 years I've never been in a municipal meeting where we get this type of showing for basically a study session. And thank you for (unintelligible). But at the end of the day, it's got to fit in the city plan. We get that. And however we can help in that regard, we're ready to do that. And if not, we're ready to accept that as well. MAYOR TOVAR: Thank you. Council, do we have any questions? Council Member Carnero. COUNCIL MEMBER CARNERO: Let me just say thank you for your presentation, but a special thank you for your consideration of the veterans not only from this community but the surrounding area and community. I think not only in the state but this country, we Page 18 of 158