D R A E. City of Glendale West Glendale Avenue Glendale, AZ GLENE^ y- Meeting Minutes

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1 D R A E sa City of Glendale 5850 West Glendale Avenue Glendale, AZ GLENE^ y- Meeting Minutes Tuesday, September 12, :00 P. M. Voting Meeting Council Chambers City Council Mayor Jerry Weiers Vice Mayor lan Hugh Councilmember Jamie Aldama Councilmember Joyce dark Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner

2 CALL TO ORDER Mayor Weiers called the meeting to order at 6:03 p. m. ROLL CALL Present: Mayor Jerry Weiers; Vice Mayor lan Hugh; Councilmember Jamie Aldama; Councilmember Joyce dark; Councilmember Ray Malnar; Councilmember Lauren Tolmachoff; Councilmember Bart Turner Also Kevin Phelps, City Manager; Tom Duensing, Assistant City Manager; Michael Present: Bailey, City Attorney; Julie K. Bower, City Clerk; Sheryl Rabin, Deputy City Clerk POSTING OF COLORS PLEDGE OF ALLEGIANCE PRAYER/INVOCATION The invocation was provided by Chaplain Tim Heath of Police Chaplain Services with the Glendale Police Department and Maricopa County Sheriff's Office. CITIZEN COMMENTS Stephen Eiastman, Sahuaro District, expressed his concern that his requests to have streets repaired had not been addressed. James Deibler, a resident of Phoenix, was concerned about the victims of hlumcane Harvey and called for citizens to donate to the recovery. Mr. Deibler also asked for a job with the Glendale Public Library or the Parks and Recreation Department. Keri Hassell, Yucca District, explained that in August, gunshots were heard outside of her apartment. It frightened her elderly father and had affected her quality of life. She asked Council to find a way to make sure it didn't happen again. Yvonne Knaack, Barrel District, invited everyone to attend the Kiwanis Club of Glendale steak fry fundraising event on October 21, 2017 from 6:00 p. m. to 10:00 p. m. The event was being held to raise money to help improve the lives of children in Glendale. Bill Demski, of the Sahuaro District, expressed his concern about the agreement made regarding the findings of the Gila River Arena audit. APPROVAL OF THE MINUTES OF AUGUST 8, 2017 VOTING MEETING 1. APPROVAL OF THE MINUTES OF AUGUST 8, 2017 VOTING MEETING A motion was made by Councilmember Jamie Aldama, seconded by Councilmember Lauren Tolmachoffto approve the minutes of the August 8, 2017 Voting Meeting Councilmember Joyce dark, Councilmember Ray Malnar, Councilmember Lauren Tolmachoff, Councilmember Bart Turner City Council Meeting Minutes - September 12, 2017 Page 2 of 19

3 PROCLAMATIONS AND AWARDS 2. PROCLAIM OCTOBER 2017 AS NATIONAL FIRE PREVENTION MONTH Mayor Weiers proclaimed October 2017 as National Fire Prevention Month in the City of Glendale. The proclamation was accepted by Fire Chief Terry Garrison and Safety Educators Bobbie Garland and Bill Kelly. Chief Garrison thanked Ms. Garland and Mr. Kelly for their volunteer work and for the education regarding fire safety they provided to the public. 3. PRESENT 2017 RUTH BYRNE HISTORIC PRESERVATION AWARD TO ROSEMARY LYNCH Mayor Weiers, Planning Director Jon Froke and Glendale Historical Society President Ron Short, presented the 2017 Ruth Byrne Historic Preservation Award to Rosemary Lynch. He explained the Ruth Byrne Historic Preservation Award was established in The purpose of the award was to recognize individuals or organizations that had made significant contributions to the preservation of Glendale's historic and cultural resources. The prestigious award was named after Ruth Byrne, a Glendale native, in honor of her dedicated work and ongoing efforts to preserve Glendale's history. Mayor Weiers said the hlistoric Preservation Commission had requested City Council to recognize Rosemary Lynch as the recipient of the award for her dedication to the preservation of Glendale's historic heritage. She was a founding member and had promoted the Glendale Arizona Historical Society since the 1970's. For over 40 years, Ms. Lynch had volunteered at Sahuaro Ranch for special events and as a decent conducting tours. She also assisted with arranging the exhibits at the ranch's Guest House. In 1992, she served on the Glendale Centennial Committee for the City's centennial. Ms. Lynch accepted the award and expressed her gratitude for the award. She had been volunteering for many years and had worked hard to keep Glendale clean and beautiful. Ms. Lynch encouraged everyone to volunteer and give back to the community. CONSENT AGENDA Mayor Weiers had received a speaker card for item 16 on the consent agenda and asked Ms. Bower to read the title. Ms. Bower read item 16 by title. Bill Demski, Sahuaro District, wanted an explanation of the authorization to enter into an Effluent Lake Management Agreement with Cabela's Wholesale, Inc. Mayor Weiers explained that questions and answers were not typically permitted at voting meetings. He said a staff member could explain the item to Mr. Demski after the meeting. Councilmember Aldama pulled item 16 from the consent agenda for a presentation by staff. Craig Johnson, Water Services Director, explained the request was for City Council to authorize the City Manager to enter into an Effluent Lake Management Agreement with Cabela's Wholesale, Inc. The agreement updated and replaced a prior agreement with Cabela's to provide reclaimed water. It City Council Meeting Minutes - September 12, 2017 Page 3 of 19

4 would allow Cabela's to continue managing and operating a recreational lake at the Cabela's retail area. There was no cost to the City associated with the agreement. Councilmember Malnar confirmed that the City delivered reclaimed water to Cabela's and there was no cost to the City and it was a continuation of a previous agreement. Mr. Johnson said that was correct and Cabela's paid for the reclaimed water. Mayor Weiers said Councilmember Tolmachoff had requested a presentation on item 19. Ms. Bower read item 19 by title. Mr. Johnson said the request was for City Council to authorize the City Manager to enter into a Construction Manager at Risk (CMAR) agreement with Achen-Gardner Construction, LLC (Achen-Gardner) for construction phase services for phase three waterline replacement and approve the expenditure of funds in an amount not to exceed $2, 163, It was the final phase of the waterline replacement, taking place on Deer Valley Road between 67th and 59th Avenues. If approved, the project would start in October and end in February Councilmember Tolmachoff explained that she had pulled the item so that Cholla residents would have as much notice as possible of the construction that would be taking place. Mayor Weiers had received a request from Councilmember dark to hear and vote on items 14, 17, 18, 21-24, 26, 27 and 28, separately. No presentation was necessary. Councilmember dark asked that items 31 and 36 be pulled from the consent agenda for separate consideration. Ms. Bower read Consent Resolutions, items 37 through 46, by title. 4. RECOMMEND APPROVAL OF SPECIAL EVENT LIQUOR LICENSE, OUR LADY OF PERPETUAL HELP 5. RECOMMEND APPROVAL OF SPECIAL EVENT LIQUOR LICENSE, HORSE RHYTHM FOUNDATION 6. RECOMMEND APPROVAL OF SPECIAL EVENT LIQUOR LICENSE, ST. THOMAS MORE ROMAN CATHOLIC CHURCH 7. RECOMMEND APPROVAL OF SPECIAL EVENT LIQUOR LICENSE, GLENDALE FIREFIGHTERS CHARITIES 8. RECOMMEND APPROVAL OF SPECIAL EVENT LIQUOR LICENSE, PHOENIX CHILDREN'S HOSPITAL FOUNDATION 9. RECOMMEND APPROVAL OF SPECIAL EVENT LIQUOR LICENSE, KIWANIS CLUB OF GLENDALE 0. RECOMMEND APPROVAL OF LIQUOR LICENSE NO , WINGSTOP 1. RECOMMEND APPROVAL OF LIQUOR LICENSE NO , TIM FINNEGANS 12. RECOMMEND APPROVAL OF LIQUOR LICENSE NO , TWIN PEAKS City Council Meeting Minutes - September 12, 2017 Page 4 of 19

5 13. AUTHORIZATION TO ENTER INTO A MULTI-YEAR LINKING AGREEMENT WITH OFFICE DEPOT, INC., FOR THE PURCHASE OF OFFICE CONSUMABLES AND EXPENDITURE OF FUNDS 14. AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH WELLS FARGO BANK, NA FOR GENERAL BANKING AND DEPOSITORY SERVICES 5. AUTHORIZATION TO ENTER INTO THE FIRST AMENDMENT TO THE SERVICE AGREEMENT WITH GRANICUS INC., FOR STREAMING VIDEO SOLUTIONS 16. AUTHORIZATION TO ENTER INTO AN EFFLUENT LAKE MANAGEMENT AGREEMENT WITH CABELA'S WHOLESALE, INC. 17. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH TW ASSOCIATES, DBA MISCOWATER, FOR ROTORK ACTUATORS, PARTS, AND SERVICE 18. AUTHORIZATION TO ENTER INTO A CONSTRUCTION AGREEMENT WITH AUZA CONTRACTING, INC. FOR WATER LINE VALVE AND FIRE HYDRANT REMOVAL AND REPLACEMENT AT VARIOUS LOCATIONS 19. AUTHORIZATION TO ENTER INTO A CONSTRUCTION MANAGER AT RISK AGREEMENT WITH ACHEN-GARDNER CONSTRUCTION, LLC, FOR CONSTRUCTION PHASE SERVICES FOR WATER LINE REPLACEMENT ON DEER VALLEY ROAD BETWEEN 67TH AND 59TH AVENUES 20. AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES, INC., FORWATERLINE IMPROVEMENTS ON DEER VALLEY ROAD BETWEEN 67TH AND 59TH AVENUES Presented By: Craig Johnson, P. E., Director, Water Services 21. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH LAMBTECH, INC. FOR AIR TESTING OF WATER RECLAMATION FACILITIES 22. AWARD OF REQUEST FOR STATEMENT OF QUALIFICATIONS 17-25, AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH LINCOLN CONSTRUCTORS INC., FOR WELDING AND FABRICATION SERVICES 23. AWARD OF REQUEST FOR STATEMENT OF QUALIFICATIONS 17-25, AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH MCNEILUS TRUCK AND MANUFACTURING COMPANY, FOR WELDING AND FABRICATION SERVICES City Council Meeting Minutes - September 12, 2017 Page 5 of 19

6 24. AWARD OF REQUEST FOR STATEMENT OF QUALIFICATIONS 17-25, AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH COLBY WELDING AND F^ADIATOR INC., FOR WELDING AND FABRICATION SERVICES 25. AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH DICK AND FRITSCHE DESIGN GROUP, FOR ARCHITECTURAL SERVICES AS REQUIRED 26. AWARD OF REQUEST FOR STATEMENT OF QUALIFICATIONS 17-25, AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH S. L. HENRY SERVICE, FOR WELDING AND FABRICATION SERVICES 27. AWARD OF REQUEST FOR STATEMENT OF QUALIFICATIONS 17-25, AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH JERRY R. ELLIOTT, DOING BUSINESS AS CERTI-WELDERS, FOR WELDING AND FABRICATION SERVICES 28. AWARD OF REQUEST FOR STATEMENT OF QUALIFICATIONS 17-25, AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH AMERICAN EQUIPMENT SERVICE, LLC, FOR WELDING AND FABRICATION SERVICES A request was made by Councilmember dark to vote on the item separately 29. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH ELONTEC, LLC FOR FURNITURE, PRODUCTS AND SERVICES 30. AUTHORIZATION TO ENTER INTO AMENDMENT NO. 1 TO THE LINKING AGREEMENT WITH ARIZONA REFUSE SERVICING, LLC, FOR ORIGINAL EQUIPMENT MANUFACTURER HEAVY DUTY TRUCK REPAIR SERVICES 31. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC., AND TO RATIFY THE FY17-18 ESRI EXPENDITURE 32. AUTHORIZATION TO AMEND THE LINKING AGREEMENT WITH CDW GOVERNMENT, LLC, AND INCREASE EXPENDITURE AUTHORITY FOR TECHNOLOGY HARDWARE AND SERVICES 33. AUTHORIZATION FOR THE EXPENDITURE OF FUNDS TO INFOR PUBLIC SECTOR, INC., FOR THE CITY'S ANNUAL HANSEN MAINTENANCE RENEWAL 34. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH UNITED FIRE EQUIPMENT COMPANY FOR THE PURCHASE OF SELF CONTAINED BREATHING APPARATUS (SCBA) UNITS AND RELATED EQUIPMENT 35. AUTHORIZATION TO ENTER INTO A SERVICES AGREEMENT WITH INFORMER SYSTEMS, LLC FOR THE CONTINUED USE OF SCHEDULE EXPRESS SOFTWARE City Council Meeting Minutes - September 12, 2017 Page 6 of 19

7 36. AUTHORIZATION TO ENTER INTO A SERVICES AGREEMENT WITH COVERTTRACK GROUP, INC. FOR THE CONTINUED USE OF TECHNICAL SURVEILLANCE EQUIPMENT CONSENT RESOLUTIONS 37. RESOLUTION NO. R17-67 ARIZONA, AUTHORIZING THE ACCEPTANCE OF A GRANT, IF AWARDED, FROM THE GILA RIVER INDIAN COMMUNITY STATE-SHARED REVENUE PROGRAM IN THE APPROXIMATE AMOUNT OF $18, FOR THE PROJECT ENTITLED, "PORTABLE WEIGHING SCALES," ON BEHALF OF THE GLENDALE POLICE DEPARTMENT 38. RESOLUTION NO. R17-68 ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH PEORIA UNIFIED SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICERS DURING THE SCHOOL YEAR PLACING ONE POLICE OFFICER AT CACTUS HIGH SCHOOL AND ONE POLICE OFFICER AT IRONWOOD HIGH SCHOOL 39. RESOLUTION NO. R17-69 ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH TOLLESON UNION HIGH SCHOOL DISTRICT NO. 214 FOR A SCHOOL RESOURCE OFFICER DURING THE SCHOOL YEAR AT COPPER CANYON HIGH SCHOOL 40. RESOLUTION NO. R17-70 ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT ENTITLED "PROGRAM-FUNDED STATE AND LOCAL TASK FORCE AGREEMENT" WITH THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA), FOR FEDERAL FISCAL YEAR 2018 TO CONTINUE PARTICIPATING IN A DEA TASK FORCE IN THE PHOENIX AREA 41. RESOLUTION NO. R ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN EQUITABLE SHARING AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE FOR CONTINUED PARTICIPATION IN THE FEDERAL EQUITABLE SHARING PROGRAM ON BEHALF OF THE GLENDALE POLICE DEPARTMENT City Council Meeting Minutes - September 12, 2017 Page 7 of 19

8 42. RESOLUTION NO. R17-72 ARIZONA, AUTHORIZING THE ENTERING INTO OF AN AGREEMENT WITH THE STATE OF ARIZONA, OFFICE OF THE ATTORNEY GENERAL, AND ACCEPTANCE OF THE FISCAL YEAR 2018 VICTIMS' RIGHTS PROGRAM AWARD (A. G. # ) IN THE APPROXIMATE AMOUNT OF $78,400, ON BEHALF OF THE GLENDALE POLICE DEPARTMENT 43. RESOLUTION NO. R17-73 ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF A VEHICULAR FIELD TRAINING AGREEMENT WITH THE MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT ON BEHALF OF ITS COLLEGES AND SKILL CENTERS FOR THE PURPOSE OF PROVIDING STUDENTS THE VEHICULAR FIELD EXPERIENCE 44. RESOLUTION NO. R17-74 ARIZONA, ADJUSTING THE FARES FOR TRANSIT SERVICES; AND ESTABLISHING AN EFFECTIVE DATE 45. RESOLUTION NO. R17-75 ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR IMPROVEMENTS TO NORTHERN PARKWAY FROM DYSART ROAD TO 111th AVENUE 46. RESOLUTION NO. R17-76 ARIZONA, AUTHORIZING THE ENTERING INTO OF AN AGREEMENT WITH THE STATE OF ARIZONA, OFFICE OF THE ATTORNEY GENERAL, AND ACCEPTANCE OF THE FISCAL YEAR 2018 VICTIMS' RIGHTS PROGRAM AWARD (A. G. # ) IN THE APPROXIMATE AMOUNT OF $9, 609, ON BEHALF OF THE GLENDALE CITY PROSECUTOR'S OFFICE A motion was made by Councilmember Joyce dark, seconded by Councilmember Lauren Tolmachoff to approve Consent Agenda items 4 through 13, 15, 16, 19, 20, 25, 29, 30, 32 through 35 and Consent Resolution items 37 through 46 Councilmember Joyce dark, Councilmember Ray Malnar, Councilmember Lauren Tolmachoff, Councilmember Bart Turner A motion was made by Councilmember Ray Malnar to approve Consent Agenda items 14, 17, 18, 21 through 24, 26 through 28 Mayor Weiers said the items should be moved separately because they required separate votes. City Council Meeting Minutes - September 12, 2017 Page 8 of 19

9 Councilmember Malnar asked why separate votes were required. Mayor Weiers could not presume to know how the Councilmembers were going to vote and it was the Chair's decision. There was a Councilmember who wished a separate vote on each of the items and because he knew that at least one Councilmember was going to vote differently, it required separate motions. Councilmember Malnar said Councilmembers knew if they wanted to pull items from the Consent Agenda for a separate vote and there was only one person who wanted to vote separately. Mayor Weiers said because the open meeting law prohibited Council from discussing votes outside the meeting, he didn't know how Councilmembers were going to vote and therefore would take each item separately. A motion was made by Councilmember Ray Malnar, seconded by Councilmember Jamie Aldama to approve item 14. Coundlmember dark explained the items she had pulled from the Consent Agenda were five year contracts. She did not support, in principle, five year contracts and would vote no. Councilmember Ray Malnar, Councilmember Lauren Tolmachoff, Councilmember Bart Turner NAY: Councilmember Joyce dark A motion was made by Vice Mayor lan Hugh, seconded by Councilmember Lauren Tolmachoff to approve item 1 7 Councilmember Ray Malnar, Councilmember Lauren Tolmachoff, Councilmember Bart Turner NAY: Councilmember Joyce dark A motion was made by Councilmember Ray Malnar, seconded by Councilmember Bart Turner to approve item 18 Councilmember Ray Malnar, Councilmember Lauren Tolmachoff, Councilmember Bart Turner NAY: Councilmember Joyce dark A motion was made by Councilmember Ray Malnar, seconded by Vice Mayor lan Hugh to approve item 21 Councilmember Ray Malnar, Councilmember Lauren Tolmachoff, Councilmember Bart Turner City Council Meeting Minutes - September 12, 2017 Page 9 of 19

10 NAY: Councilmember Joyce Clark A motion was made by Councilmember Ray Malnar, seconded by Councilmember Lauren Tolmachoff to approve item 22 Councilmember Ray Malnar, Councilmember Lauren Tolmachoff, Councilmember Bart Turner NAY: Councilmember Joyce dark A motion was made by Councilmember Ray Malnar, seconded by Councilmember Bart Turner to approve item 23 Councilmember Ray Malnar, Councilmember Lauren Tolmachoff, Councilmember Bart Turner NAY: Councilmember Joyce dark A motion was made by Councilmember Ray Malnar, seconded by Councilmember Lauren Tolmachoff to approve item 24 AYE: Mayor Jerry Weiers, Vice Mayor lan hlugh, Councilmember Jamie Aldama, Councilmember Ray Malnar, Councilmember Lauren Tolmachoff, Councilmember Bart Turner NAY: Councilmember Joyce dark A motion was made by Councilmember Ray Malnar, seconded by Councilmember Lauren Tolmachoffto approve item 26 Councilmember Ray Malnar, Councilmember Lauren Tolmachoff, Councilmember Bart Turner NAY: Councilmember Joyce dark A motion was made by Councilmember Ray Malnar, seconded by Councilmember Lauren Tolmachoff to approve item 28 Councilmember Ray Malnar, Councilmember Lauren Tolmachoff, Councilmember Bart Turner NAY: Councilmember Joyce dark City Council Meeting Minutes - September 12, 2017 Page 10 of 19

11 Mayor Weiers requested a motion for item 31 Councilmember dark said she would be offering the same amendment to the contracts in items 31 and 36. She explained that both the items contained a request to allow the City Manager, at his discretion, to extend the contracts for periods longer than a year. In some cases, the amount of the annual payment was greater than the Council approved limit of $50, 000. It was not a good idea to establish a precedent that allowed the City Manager to extend contracts that might or might not exceed the $50,000 limit. Councilmember dark said the current language in the contracts said "at the discretion of the City Manager." She proposed that the wording be changed to "at the discretion of the City Manager with City Council approval" and asked Council to consider that amendment. A motion was made by Councilmember Joyce dark, seconded by Councilmember Ray Malnar to amend the contract by adding "and with City Council approval." Councilmember Aldama clarified that it was only for two items but was concerned about other items. He asked if Councilmember dark would be bringing the issue to a workshop for discussion. Councilmember dark explained that it was the first time she had seen the wording in a contract. She did think it was an item worthy of a workshop. Councilmember Turner clarified that the motion was to amend item 31. He said there needed to be a main motion to approve the item and then the motion to amend would be in order. Mayor Weiers said that was correct and asked for a motion to approve item 31 A motion was made by Councilmember Joyce dark, seconded by Councilmember Ray Malnar to approve Item 31. A motion was made by Councilmember Joyce dark, seconded by Councilmember Ray Malnar to amend the contract language in item 31 to include the phrase "and with City Council approval." Councilmember Turner had always understood that when Council approved an item for a term of one year, with up to four or five annual renewals, Council was giving the City Manager authority to renew the contract. The alternative would be a motion for one year for each and every year but it was hard to operate that way. When Council approved renewable contracts, it wasn't the City Manager acting without approval, it was him acting with Council approval. Councilmember dark said when Council approved multi-year contracts, it was approving the expenditure for each year. She said the language in the item 31 and 36 contracts was brand new. It was at the discretion of the City Manager and no longer required Council approval. The City Manager's spending authority was $50, 000 and one contract was for $70, 000 per year. Council was setting a precedent for the City Manager to have sole discretion and spending authority with regard to contracts. Council knew, with the multi-year contracts, the length of the contract and the amount required each year. She said that was why she was requesting the additional language, "and with City Council approval. " Councilmember dark said Council was responsible for what was spent in the City and she was not willing to cede that responsibility City Council Meeting Minutes - September 12, 2017 Page 11 of 19

12 Councilmember Tolmachoff asked Mr. Bailey if the wording was relatively routine in nature. Mr. Baileysaid the provision granted the authority and was routine in contracts. Council was giving direction to the City Manager to act but was not relieving him of the obligation of budgeting for it each year. The wording had been used previously. With the contract, Council knew what the maximum exposure was and it could only be extended to It did not guarantee additional terms to the vendor. Councilmember Tolmachoffsaid Council routinely authorized the City Manager to renew contracts. Mr. Bailey said the contract did say it was contingent upon Council approval of the budget. CouncilmemberAtdama asked if there was anything that precluded Council from asking that the contract be reviewed after the first year. Mr. Bailey said there was nothing precluding Council from asking for a review. Councilmember dark said it was not about the amount or length of the contract. It was about delegating Council's spending authority to the City Manager. As for checking the budget for the contract, she didn't remember half of the contracts Council approved that would come before it in the next budget cycle. Mr. Phelps said it had been worded that way so that the City wasn't locked into a multi-year contract. The wording allowed the City to review the peri'ormance of the vendor and decide whether or not it was still providing value to the City. If not, there was no obligation to renew the contract. Councilmember Turner did not believe it was new language and was generally the way contracts were handled. The multi-year contracts were in the best interest of the City because it allowed the vendors to know that if they did a good job, at a good price, they would have their contract renewed. Council could direct the City Manager to report back on the contract prior to renewal. Councilmember dark said because of the open meeting law, she was precluded from sharing the motion prior to the meeting. If the City Manager felt a contract wasn't performing to standard, he would have to bring it back to Council because a new contract would be necessary. She didn't understand why anyone would have a problem with the additional language. Councilmember Turner said there was nothing in the open meeting law that prevented a Councilmember from talking to other Councilmembers, it limited the number that could be in on the discussion. He didn't believe providing a copy of the motion to Council would be a violation. Mayor Weiers said it had been his experience, when serving in the Legislature, that it was typical for legislators to have heartburn over contracts. The rule of thumb was to not tie the hands of people that followed. Contracts locked the City in and the only way out was through the courts. He understood what Councilmember dark was attempting to do. Mayor Weiers was torn because he trusted Mr. Phelps and didn't think any disrespect was meant. The vote on the amendment was as follows: City Council Meeting Minutes - September 12, 2017 Page 12 of 19

13 AYE: Mayor Jerry Weiers, Councilmember Jamie Aldama, Councilmember Joyce dark, Councilmember Ray Malnar NAY: Vice Mayor lan Hugh, Councilmember Lauren Tolmachoff, Councilmember Bart Turner Councilmember Malnar provided an explanation of his vote. He reiterated his faith and confidence in the City Manager. On the item, there was a way for the City to resolve the issue with language in future contracts. He voted in favor because the format was new Mayor Weiers said he voted in favor because it was not a reflection on Mr. Phelps. He called for the vote on the main motion as amended. The vote was as follows: Councilmember Joyce dark, Councilmember Ray Malnar, Councilmember Lauren Tolmachoff NAY: Councilmember Bart Turner A motion was made by Councilmember Joyce Clark, seconded by Councilmember Ray Malnar to approve item 36. A motion was made by Councilmember Joyce dark, seconded by Councilmember Ray Malnar to amend item 36. Councilmember Turner asked Councilmember dark to restate the amendment. Councilmember dark said the motion was to amend the contract language in item 36 to include the phrase "and with City Council approval." The vote on the amendment was as follows: AYE: Mayor Jerry Weiers, Councilmember Jamie Aldama, Councilmember Joyce dark, Councilmember Ray Malnar NAY: Vice Mayor lan Hugh, Councilmember Lauren Tolmachoff, Councilmember Bart Turner Councilmember Turner explained his vote. He said it seemed the issue was whether or not Council could enter into contracts longer than their term of office. He didn't think there was any other way for the City to effectively do business. Unless the City did annual contracts, he didn't see a means to get around it. It was not a good way for a community the size of Glendale to do business and Councilmember Turner didn't think doing that would get the best price or terms on the contracts. The vote on the main motion as amended was: City Council Meeting Minutes - September 12, 2017 Page 13 of 19

14 Councilmember Joyce dark, Councilmember Ray Malnar, Councilmember Lauren Tolmachoff NAY: Councilmember Bart Turner PUBLIC HEARING - LAND DEVELOPMENT ACTIONS 47. RESOLUTION NO. R17-77 ARIZONA, AMENDING THE GENERAL PLAN MAP OF THE CITY OF GLENDALE, ARIZONA, BY APPROVING GENERAL PLAN AMENDMENT GPA17-05 FOR PROPERTY LOCATED AT 6101 NORTH 99th AVENUE. Presented By: Jon M. Froke, AICP, Planning Director, Development Services ORDINANCE NO AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, REZONING PROPERTY LOCATED AT 6101 NORTH 99th AVENUE FROM PAD (PLANNED AREA DEVELOPMENT) TO PAD (PLANNED AREA DEVELOPMENT) FOR A DEVELOPMENT PLAN ENTITLED "CELEBRATION COMMERCE CENTER"; AMENDING THE ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED. Presented By: Jon M. Froke, AICP, Planning Director, Development Services Ms. Bower read Resolution No. R17-77 and Ordinance No by title. Mr. Froke said the first request was to change the land use map from from Business Park (BP) to Entertainment Mixed Use (EMU). The rezoning request would rezone the existing PAD (Planned Area Development) to allow a broader use of land uses. Mr. Froke said the rezone would allow land uses that supported existing land uses in the area and market demands. Specifically, the proposed PAD would allow such land uses as outdoor and indoor recreational facilities, hotels, restaurants and retail development. He said the anchor tenant was Top Golf. Mr. Froke said the PAD zoning was consistent with and helped implement the General Plan. At the public hearing on August 3, 2017, the Planning Commission recommended approval of the applications. There were nine stipulations placed on the zoning application. Staff was also recommending approval of the applications. Mayor Weiers opened the public hearing. No one wished to address Council. Mayor Weiers closed the public hearing. A motion was made by Councilmember Joyce dark, seconded by Councilmember Jamie Aldama to approve Resolution No. R Councilmember Joyce Clark, Councilmember Ray Malnar, Councilmember Lauren Tolmachoff, Councilmember Bart Turner City Council Meeting Minutes - September 12, 2017 Page 14 of 19

15 A motion was made by Councilmember Joyce dark, seconded by Councilmember Lauren Tolmachoffto approve Ordinance No Councilmember Joyce Clark, Councilmember Ray Malnar, Councilmember Lauren Tolmachoff, Councilmember Bart Turner 48. ORDINANCE NO, AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, REZONING PROPERTY LOCATED AT 7740 NORTH 83RD AVENUE FROM A-1, AGRICULTURE TO SR-30, SUBURBAN RESIDENCE; AMENDING THE ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE IS RECORDED Presented By: Jan Froke, Planning Director, Development Services Mr. Froke said Council had annexed the property, approximately 16 acres, last November. The property was owned by several members of the Bond family and the Church of Christ. The property, known as Bonderosa, presently contained five single-family residences. Four additional parcels, which were currently farmed, would be developed with single-family residences in the future. The proposed church would be located on the immediate southwest corner of Northern Avenue and 83rd Avenue. Vehicular access to the homes and lots was provided by Augusta Avenue. Mr. Froke said the request was to rezone the site from A-1 (Agricultural) to SR-30 (Suburban Residence). The site was located on the west side of 83rd Avenue, south of Northern Avenue. A neighborhood meeting was held on the site on June 26, Approximately 10 people attended the meeting including Councilmember dark. There was support in the neighborhood for SR-30 zoning at the location. He said SR-30 was extremely low density at 1 to 2.5 units to the acre. Mr. Froke said the Planning Commission conducted a public meeting on August 3, 2017 and recommended approval of the SR-30 zoning. Staff was also requesting that the rezoning application be approved. Councilmember dark thanked Mr. Froke for his work shepherding the application through the process. It was long overdue. Mayor Weiers opened the public hearing. No one wished to speak. Mayor Weiers closed the public hearing. A motion was made by Councilmember Lauren Tolmachoff, seconded by Councilmember Jamie Aldama to approve Ordinance No Councilmember Joyce dark, Councilmember Ray Malnar, Councilmember Lauren Tolmachoff, Councilmember Bart Turner City Council Meeting Minutes - September 12, 2017 Page 15 of 19

16 LAND DEVELOPMENT ACTIONS 49. FINAL PLAT APPLICATION FP Presented By: Jon Froke, Planning Director, Development Services Ms. Bower read the item by title. Mr. Froke said the request was for Council to approve the Final Plat for Orangewood Ranch, located at 7536 North 83rd Avenue. Orangewood Ranch was a new detached single-family residential neighborhood proposed by Northwest Holdings, LLC. A home builder had not yet been identified. The site was located on the west side of 83rd Avenue near Orangewood Avenue. Mr. Froke said the subdivision consisted of 43 single-family lots on approximately acres. The typical lot size was 9, 760 square feet with lot dimensions of 80 feet by 122 feet. The density was approximately 2. 6 DU/AC. The 43 lots would be served by new private streets with vehicular access provided from 83rd Avenue and the community would be gated. Mr. Froke said the Final Plat was consistent with the general plan and existing zoning and was appropriate for the in-fill site and met the requirements of the Subdivision and Minor Land Division Ordinance. Approval of the request would allow future residential opportunities in an established part of the City with nearby infrastructure and amenities. He said staff recommended approval of Final Plat application. Councilmember dark asked if there were homes on the A-1 remnant parcel. Mr. Froke said there was a house on the property. The owner used the property for a worm farm and was not willing to sell the property. Councilmember Turner asked if the developer could decide at a future date, not to develop it as a gated community and would it have to come back before Council. Mr. Froke said it would be handled at the subdivision level and would not have to come back before Council. Councilmember Turner asked if the private streets would be built to the same standards as public streets. Mr. Froke said the streets would be built to City standards. Councilmember Turner said the A-1 remnant parcel contained a very unique home designed by world famous architect Will Bruder. It was a hidden gem. A motion was made by Councilmember Ray Malnar, seconded by Vice Mayor lan Hugh to approve Final Plat Application FP Councilmember Joyce dark, Councilmember Ray Malnar, Councilmember Lauren Tolmachoff, Councilmember Bart urner ORDINANCES City Council Meeting Minutes - September 12, 2017 Page 16 of 19

17 50. ORDINANCE NO AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AIRPORT TERMINAL OFFICE LEASE AGREEMENT WITH SKYQUEST AVIATION, LLC FOR CERTAIN OFFICE SPACE IN THE TERMINAL BUILDING AT THE GLENDALE MUNICIPAL AIRPORT. Presented By: Jack Friedline, Director, Public Works Ms. Bower read Ordinance No by title. Mr. Friedline said the request was for the Council to waive reading beyond the title and adopt an ordinance authorizing the City Manager to enter into a Lease Agreement with Skyquest Aviation, LLC (formally GCH Services, LLC - Gold Coast Helicopters) for Suite 100 ( square feet) at the negotiated rate of $1, per month plus utilities and taxes in the terminal building at the Glendale Municipal Airport, and to authorize the City Manager to renew the agreement for five, one-year renewals. Mr. Friedline said Skyquest Aviation, LLC (Skyquest) currently occupied six office suites, eight tiedowns and had a land lease in the south box hangar area at the Glendale Municipal Airport. Skyquest had requested to renew the lease agreement for Suite 100 which expired on May 31, Currently, Skyquest was occupying the space on a month-to-month agreement at the rate of $1, per month plus utilities and taxes. Skyquest had been leasing Suite 100 since June 2008, and had agreed to sign a new lease at a negotiated annual rate of $19.08 per square foot, or $16, per year plus utilities and taxes. The effective date would be July based on the negotiations with Skyquest. The revenues were used to offset operating costs at the Airport. Mr. Friedline said the Aviation Advisory Commission approved a motion at its August 16, 2017 meeting recommending that the City Council authorize the City Manager to enter into the Lease Agreement. A motion was made by Councilmember Jamie Aldama, seconded by Councilmember Joyce dark to approve Ordinance No Coundlmember Joyce dark, Councilmember Ray Malnar, Councilmember Lauren Tolmachoff, Councilmember Bart Turner 51. ORDINANCE NO AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ACQUISITION OF PROPERTY RIGHT OF WAY LOCATED ON THE NORTH SIDE OF NORTHERN AVENUE AND EAST SIDE OF 51 st AVENUE NECESSARY TO MAINTAIN LANDSCAPE IMPROVEMENTS IN GLENDALE, ARIZONA; AND DIRECTING THE EXECUTION OF THE PURCHASE AGREEMENT AND ANY DOCUMENTS NECESSARY TO EFFECTUATE SAID PURCHASE. Presented By: Jack Friedline, Director, Public Works Ms. Bower read Ordinance No by title. Mr. Friedline said the request was for City Council to waive reading beyond the title and adopt an ordinance to acquire property for right-of-way (ROW) to maintain landscape improvements City Council Meeting Minutes - September 12, 2017 Page 17 of 19

18 along the north side of Northern Avenue and east side of 51st Avenue, in the amount of $23, 900 plus closing costs. Mr. Friedline said in September 2008, the City of Glendale reached an agreement with the owner of 5050 West Northern Avenue for a portion of the property for right-of-way. The ROW was needed for intersection improvements located at 51st Avenue and Northern Avenue. The City had landscape improvements installed on the property in anticipation of the acquisition being completed. However, the first lien holder refused to release the lien on the property, and funds deposited into escrow towards the closing were returned to the City. Comerica Bank, the first lien holder on the property, had now agreed to complete the sale. Mr. Friedline said staff recommended the acquisition towards ROW along Northern Avenue east of 51st Avenue. City landscape improvements were installed on the property as part of the intersection improvement completed in 2012 and acquisition of the property would allow City staff to continue to maintain the improvements. There would be no impact on any departments, staff or service levels due to the action. A motion was made by Councilmember Ray Malnar, seconded by Councilmember Lauren Tolmachoffto approve Ordinance No Councilmember Joyce dark, Councilmember Ray Malnar, Councilmember Lauren Tolmachoff, Councilmember Bart Turner REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION A motion was made by Vice Mayor lan Hugh, seconded by Councilmember Joyce dark that a regularly scheduled City Council workshop be held on Tuesday, September 19, 2017 at 1:30 p. m. in City Council Chambers, to be followed by an executive session pursuant to A. R. S and that a special City Council workshop be held on Friday, September 29, 2017 at 10:00 a. m. at the Civic Center annex, 5750 West Glenn Drive, Glendale, Arizona. Councilmember Joyce dark, Councilmember Ray Malnar, Councilmember Lauren Tolmachoff, Councilmember Bart Turner COUNCIL COMMENTS AND SUGGESTIONS Councilmember Aldama said the Glendale Olde Town Cruise would be held on September 16, from 8:00 a. m. to 1:00 p. m. Proceeds would go to Glendale Youth Sports and New Leaf of Glendale. Councilmember Atdama was now holding his mobile office on a quarterly basis. The next would be held on September 25th, at the Glendale Women's Club, 7032 N. 56th Avenue, from 5:00 p. m. to 6:30 p. m. Councilmember dark congratulated Ms. Bower on the contract she presented on the Consent Agenda. The contract was actually a reduction in costs. Councilmember dark was pleased the Bond property had been resolved by the action Council had taken at the meeting. She welcomed them into the City as an SR-30 subdivision. City Council Meeting Minutes - September 12, 2017 Page 18 of 19

19 Councilmember dark didn't know how Council would handle it, but expected some follow-up on the wording regarding the City Manager and discretionary spending. She didn't know if it would require a workshop but would like to come to an agreement on the language. Councilmember Tolmachoff said Council had approved Resolution R17-75 and wanted residents to be aware of the further step the City was taking on the Northern Parkway. Another 2.75-mile segment, between Dysart Road and 111th Avenue, would be completed. Construction was scheduled to begin in the spring of 2018 with completion in the summer of 2019, including the bridge over the Agua Fria River. Councilmember Turner reiterated the invitation to residents to attend the Kiwanis Club steak fry, Saturday, October 21st from 6:00 p. m. to 10:00 p. m. at Sahuaro Ranch Park. Mayor Weiers read a letter from a resident who had a positive interaction with the Police Department. The officers managed a difficult situation without having to use force. The incident involved a developmentally disabled person who had wandered away from a facility and tried to enter the resident's home. The situation could have escalated to the use of force but the officers quickly determined what the situation was and acted with professionalism. ADJOURNMENT Mayor Weiers adjourned the meeting at 7:54 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 ofglendale, Arizona, held on the 12th day of September, further certify that the meeting was duly called and held and that a quorum was present. Dated this_day of September, Julie K. Bower, MMC, City Clerk City Council Meeting Minutes - September 12, 2017 Page 19 of 19