CITY COUNCIL REGULAR MEETING MINUTES ESTHER ANGULO COMMUNITY CENTER APRIL 13, 2010

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1 CALL TO ORDER CITY COUNCIL REGULAR MEETING MINUTES ESTHER ANGULO COMMUNITY CENTER APRIL 13, 2010 Mayor Gámez called the meeting to order at 7:00 P.M. INVOCATION/PLEDGE OF ALLEGIANCE City Attorney Ruby led the invocation and Council Member Rodriguez led the Pledge of Allegiance. ROLL CALL Mayor Gámez, Vice Mayor Farr, Council Member Erives, Espinoza, Laborin, Mendoza and Rodriguez were present. Absent: None Also Present: City Manager Reyes Medrano Jr., Assistant City Manager John Paul Lopez, City Attorney Chris Schmaltz, Chris Hagen City Clerk, Shaunna Lee-Rice Deputy City Clerk Department Directors: Finance Director Steven Baumgardt, Mark Berellez Utilities Director, Wayne Booher Police Commander, Paul Gilmore City Engineer, George Good Fire Chief, Stephen Holliday Information Technology Director, Wendy Jackson Human Resources Director, Paul Magallanez Economic Development Director, Joy McClain Community Services Director, Diana Quezada Magistrate, and Mario Rochin Chief Building Official. Absent: Jason Earp Field Operations Director, Police Chief Larry Rodriguez CALL TO THE PUBLIC (NON-AGENDA ITEMS) Resident Ms. Garcia addressed concerns about speeding on Van Buren Street and asked for more police presence in the morning and afternoon. She also asked the Council to reconsider moving the bulk trash pickup back to the alley stating she feels people are not complying with the new regulation of placing the trash in the front yard. Mayor Gámez asked staff to follow up with Ms. Garcia to further address her concerns.

2 SCHEDULED PUBLIC APPEARANCES 1. Sharolyn Hohman -- Annual Review of Southwest Valley Chamber of Commerce Ms. Hohman presented to Council a marketing packet and information on the year of activities supported by or performed by the Chamber. attached here within becomes a part of the minutes. Just a few of the activities Ms Hohman said the Chamber is involved with: freeway signs-directing drivers to the Chamber Advocate to START Committee work on Yuma Line Representing citizens group on the South Mountain Corridor A career fair at La Jolla High School and May 6, 2010 meet and greet at the junior high school at the Wigwam The business retention expansion class in Estrella Mountain Community College Participate on Saturday, April 17, 2010 event going green, participation 8-1 PM at Estrella Mountain Community College Ms. Hohman also asked everyone to please go to the Chamber website to see the videos of all cities economic development and other aspects. 2. Mayor Gámez -- Tolleson Union High School Girls Basketball Champion s Acknowledgement Hold until April 27, Mayor Gámez Rebecca Woodberry Arizona State Player of the Year Recognition Hold until April 27, Commander Ralph Arvizu City of Tolleson Fire and Police Department Awards Commander Arvizu presented Chief Good and Commander Booher with awards of appreciation on behalf of the Tolleson VFW BUSINESS FROM THE FLOOR - PUBLIC HEARINGS AND ACTION 1. Proclamation -- Municipal Clerks Week May 2 through May 8, 2010 Read aloud by City Attorney Scott Ruby. 2. Proclamation -- Motorcycle Safety and Awareness Month May 2010 Read aloud by City Attorney Scott Ruby.

3 3. Public Hearing -- A Special Use Permit as submitted by Jose Diego Espinoza of Fuego Bar and Grill, 9118 West Van Buren Street, Tolleson, Arizona to use Fuego s parking lot to host a Cinco de Mayo benefit for the non-profit, Los Bomberos and request to include a temporary street closure on Van Buren Street on May 2, This is a Special Event application to fund the non-profit organization, Los Bomberos with a request for temporary closure of Van Buren Street for the May 2, 2010 car show. Included is the State of Arizona Department of Liquor Licenses and Control Application For Special Event License. Also attached is the Series: 15 Special Event License (temporary) that addresses the on-sale retail privileges allowable for a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises. Public hearing opened at 7:24 P.M. and closed at 8:02 P.M. As an additional note, Van Buren Street closure request is for Sunday, May 2, 2010 from 9:00 AM to 9:00 PM and the music is scheduled to last until 1:00 AM on Wednesday, May 5 th. Council Member Espinoza recused himself from the dais, as he is the owner of Fuego Bar and Grill. Applicant and Representative Gabriel Saenz, President of the Los Bomberos organization addressed City Council stating this is the 3 rd Annual event. Mr. Saenz gave some history about the Los Bomberos advising that it was started in Phoenix as a grass roots organization. It has no paid members all volunteers and 100% of all proceeds go to the community. Mr. Saenz stated the Los Bomberos gave the following contributions from their proceeds to the City of Tolleson: $500 Tolleson Service Committee for Thanksgiving Dinner, $500 Community Services toy drive. Mr. Saenz stated that this year they plan to contribute $500 to Teen Council and Mr. Espinoza has offered to match all funds. Mr. Espinoza addressed the Council advising that the capacity for the event will be limited to 850 and in order to achieve that they eliminated equipment from last year, added more staff including security, and increased the number of police officers. Mr. Espinoza stated that SoMo Development (Star Nursery) have allowed patrons to park in the lot and there is a public parking lot on 91 st Avenue. Circle K has agreed to work with the event to avoid any disruption to their business. Mr. Espinoza stated that this year there are larger signs to direct traffic at 91 st Avenue and 99 th Avenue and they have hired Southwest Barricade Services to work on a traffic plan. Mr.

4 Espinoza stated he is requesting the closure in order to grow the event, offer more services, children events, jump houses, and provide additional safety to those attending the car show. Mr. Espinoza explained the closure request is only from his property lines to the east and west, which includes both east and westbound traffic on Van Buren Street. Mr. Espinoza continued on to advise that 91 st Drive access would not be impeded. Mr. Espinoza stated that he wants to include surrounding businesses that are open. He said he has not been able to reach all of them but will attempt again. Mr. Espinoza stated that car clubs have RSVP d so far depending on Council s decision tonight there may be more. Council Member Rodriguez stated he would like to see two lanes still open, instead of closing all lanes. Maria Barilla, addressed Council. Ms. Barilla works at Pepe s and stated that if Van Buren is blocked she cannot get to work. Ms. Barilla also spoke for the owner of the Taqueria Restaurant stating she did not receive a notice and neither did the new church on Van Buren. Ms. Barilla also stated that closed streets affects businesses and people would end up parking on sidewalks, which will affect people getting by. Lastly, Ms. Barilla stated that there is still trash from last year s event between the buildings and she is not in favor of this request. Yvonne Collins addressed Council. Ms. Collins works at Pepe s and thinks Council should not allow the closure of the street because it will be a mess and there will be young kids drinking on the sidewalk. She stated she is having a having a party on Sunday and does not think her members will be able to get there if the street is closed. Ms. Collins said she is not in favor of this request. Marcella Lopez owner of the Taqueria Restaurant thinks her business will be affected because her parking is on the street. Resident Eva Ledesma asked if big trucks would be allowed or warned to turn around. Mr. Espinoza stated that part of the traffic plan is to put digital signs up two days prior to the event on 99 th Avenue and 91 st Avenue as notice of the closure. Ms. Ledesma also asked if the rumors were true that the alleys were being closed. Mayor Gámez told her that it was just a rumor. There was discussion regarding using the car lot on 91 st and Van Buren Street or Star Nursery property for the car show and how surrounding businesses and residents will be affected. There was also discussion regarding the grant requests by church every year. Mr. Espinoza stated that consumption of alcohol would only be permitted on property and not

5 past the sidewalk. Mr. Espinoza stated that as part of the fencing and traffic plan there will be an ADA path along the sidewalk for accommodations. Mr. Espinoza responded to some of the concerns advising there will be no glass bottles only cups with draught beer and there will be no impeding of parking or access to Pepe s because the alley will not be closed. Mr. Espinoza stated that parking will still be available for the Taqueria Restaurant. Mr. Espinoza also addressed the underage patron s consumption concern advising that they will issue wrist bands to ensure prevention underage drinking after checking the identification twice. As a note Mr. Espinoza stated that Sunday is a family event and Wednesday s is a 21 years of age and older event, also admission will be charged and exits will be marked. Resident Henry Bustamante stated he is in support of the event because it is good for the community and says the road closure is only for 12 hours, whereas the church festival road closure is for three days, therefore he has no problem. There were no more comments. Mayor Gámez called for a short break at 8:02 P.M. and the meeting was reconvened 8:08 P.M. Approve/Deny -- A Special Use Permit as submitted by Jose Diego Espinoza of Fuego Bar and Grill, 9118 West Van Buren Street, Tolleson, Arizona to use Fuego s parking lot to host a Cinco de Mayo benefit for the non-profit, Los Bomberos and request to include a temporary street closure on Van Buren Street on May 2, A motion was made to approve by Council Member Rodriguez and 2 nd by Council Member Erives. Motion carried 4-2. The dissenting votes were by Council Members Laborin and Mendoza. 4. Public Hearing -- A Use Permit application as submitted by Fernando Antillon, requesting to operate a muffler shop at 508 North 91 st Avenue, Tolleson, Arizona 85353, within a C-2 zoning district. The requestor s business name is A & G Muffler s and the Use Permit is for the installation of performance exhaust systems. Included with this application is a schematic of the parcel s businesses along with a report reviewing City Code. Public hearing opened at 8:09 P.M. and closed at 8:26 P.M. Applicant Fernando Antillon addressed Council advising that they will work on performance exhaust systems for no more than a couple of hours and

6 therefore there will be no overnight parking of vehicles on site or on the street. Building Official Rochin addressed Council referring to his letter to City Manager Medrano Jr., attached here within becomes a part of the minutes. Official Rochin states that the business was established over 20 years ago before the zoning code changes in 1987 and is now considered a legal non-conforming use. Official Rochin stated that if Council approves this Use Permit request it could make that designation null and void and therefore require the property owner to comply with all current zoning codes, which will be expensive. The Zoning Code would require a block wall around the perimeter, a building inspection and possible upgrades, and a requirement to pave the entire lot in order to comply with PM-10 regulations. Council discussed with Official Rochin the definition of paving and what the City Code required. Official Rochin read aloud from the City Zoning Code requirements. There was discussion regarding offering a time line as an approval stipulation to phase in the requirements. Attorney Ruby stated that the Arizona law states this is required per Federal PM-10 mandates. Attorney Ruby stated compliance is required immediately. Mayor Gámez recommended that the Council table this item for further research and asked staff to discuss with business owner TC regarding options for PM-10 compliance and compliance with any Building Department regulations. There was discussion also regarding the requirement for a 6-foot block wall around perimeter of entire property. Approve/Deny -- A Use Permit application as submitted by Fernando Antillon, requesting to operate a muffler shop at 508 North 91 st Avenue, Tolleson, Arizona 85353, within a C-2 zoning district. A motion was made to postpone this action item by Council Member Espinoza and 2 nd by Council Member Laborin. Motion carried Public Hearing -- A Use Permit application as submitted by Juan Garcia, requesting to operate an auto mechanic shop at 204 North 91 st Drive, Tolleson, Arizona 85353, within a C-2 zoning district. The requestor s business name is J & J Alternators & Starters. Included with this application is a schematic of the parcel along with a report reviewing City Code. Public hearing opened at 8:27 P.M. and closed at 8:52 P.M.

7 Mr. Garcia presented to Council stating that they will fix alternators and starters only. Mr. Garcia states they will focus on electric systems as well and he does not think he will compete with surrounding businesses. Mr. Garcia said he can park two vehicles inside the shop and has room to park more on property while they are being worked on. Building Official Rochin addressed Council referring them to his report, attached here within becomes a part of the minutes. Official Rochin stated that this issue is similar to the last Use Permit request in that the new owners will be subject to the existing code requirements which will be to build a block wall to separate the commercial parcel from the residential and a building inspection by the Building Department. Mr. Bustamante addressed Council advising that this lot has special circumstances because when he bought it the shape and layout of the lot was different than the County lot lines show it now. He stated that he owns the entire parcel and may be willing work on the requirements. Mr. Bustamante stated that there is a fence there now and understands it must have a block masonry wall. City Manager Medrano asked Mr. Bustamante to consider a Planned Area Development (PAD) application to come before Planning and Zoning as well as the Council in order to assist with the zoning challenges. Manager Medrano stated that the entire process would take approximately 90 days. The Council discussed option with Mr. Bustamante, who advised he was willing to make the necessary modifications to come into compliance if Council approves this Use Permit. Approve/Deny -- A Use Permit application as submitted by Juan Garcia, requesting to operate an auto mechanic shop at 204 North 91 st Drive, Tolleson, Arizona 85353, within a C-2 zoning district. A motion was made to approve the Use Permit application by Council Member Espinoza and 2 nd by Vice Mayor Farr, with stipulations that a block wall be built around perimeter, no on street parking, and the building brought up to code once inspected. Motion carried Public Hearing -- New Liquor License # Series #12 Restaurant, La Flor de Michoacán Mexican Food, 9550 West Van Buren Street, #17 Tolleson, AZ as submitted by Luis Miguel Barajas. (No public comments have been received for/against this license.) Please note on Page 4 of the liquor license, Section 11 Person to Person Transfer: from Gabriel Diaz Ochoa to La Flor de Michoacan.

8 Public hearing opened at 8:54 P.M. and closed at 8:55 P.M. Applicant Ochoa present and addressed Council advising that the application is a person-to-person change only. Mr. Ochoa stated the license is a Series 11 but alcohol sales currently only make up 5-10% of daily sales and they are keeping same staff. Approve/Deny -- New Liquor License # Series #12 Restaurant, La Flor de Michoacán Mexican Food, 9550 West Van Buren Street, #17 Tolleson, AZ as submitted by Luis Miguel Barajas. (No public comments have been received for/against this license.) A motion was made to approve the license request by Council Member Mendoza and 2 nd by Vice Mayor Farr. Motion carried Proclamation Silver Star Banner Day City of Tolleson, Arizona Proclamation Read aloud by City Attorney Scott Ruby. 8. Proclamation Loyalty Day. Read aloud by City Attorney Scott Ruby. CONSENT AGENDA ACTION ITEMS a. Approve Minutes: Work Study Meeting Minutes and Regular Session of March 23, b. Approve Claims and Bills (claims and bills submitted for approval are all claims and bills incurred no later than 24 hours prior to the council meeting) and may be reviewed at City Hall during regular business hours. c. Approve Facility Transfer Agreement with SRP for acceptance of ownership and possession of the Facilities in association with the ADOT 99 th Avenue Widening Project, from I-10 to Van Buren Street. d. Appoint Frank Contreras to serve as a board member on the Tolleson Police and Tolleson Fire Pension Boards for term ending January e. Approve Contract for Services Between Area Agency on Aging, Region One and City of Tolleson, TOL Fiscal Year Amendment #3 to increase Area Agency funding for Congregate Meals by $3, from $55, to $58, for the purchase of a computer and a printer.

9 A motion was made to approve Consent Items by Council Member Espinoza and 2 nd by Council Member Laborin. Motion carried 7-0 and 6-0. Please not items a, b, c, and e are 7-0 and item d. is 6-0, with Council Member Erives abstaining from the vote because her father is on the Board. REGULAR AGENDA ACTION ITEMS PROPOSED TO BE HEARD 1. Discuss and, if appropriate, select the City of Tolleson Community Development Advisory Committee primary representative and alternate representative. A motion was made to approve Council Member Espinoza as the primary with Mayor Gámez as the alternate by Vice Mayor Farr and 2 nd by Council Member Mendoza. Motion carried Review and, if appropriate, award the following City of Tolleson Community Grant Committee Recommendations: Gregory Fimbres, Academy Drum and Bugle Corps Tolleson Union High School, Our Town Camp Tolleson Union High School, Club RoboKrew Albert Salazar, Jr., El Día de Los Niños For your review included is the matrix of recommendations and amount recommended for award. Applications will be available at the City Council Meeting for your review. A motion was made to approve the recommendations by Council Member Mendoza and 2 nd by Council Member Erives. Motion carried 7-0. CITY MANAGER S REPORT OF CURRENT EVENTS 1. John Paul Lopez Whoopee Daze and community events update Reminder Whoopee Daze is April 15-18, 2010, entertainment Friday, Saturday and Sunday. The carnival is all weekend, Youth Day is Thursday and the parade is Saturday morning. This year there is a 5K walk/run in partnership with the Tolleson Elementary School District. 2. Chris Hagen Legislative Update Good Bills/Bad Bills worksheet matrix from the League of Cities and Towns, attached here within becomes a part of the minutes.

10 ADJOURNMENT Motion was made to adjourn at 9:10 P.M. by Council Member Laborin and 2 nd by Council Member Espinoza. Motion carried 7-0. APPROVED: ADOLFO F. GÁMEZ, MAYOR ATTEST: SHAUNNA LEE-RICE, DEPUTY CITY CLERK CERTIFICATION I HEREBY CERTIFY THAT THE FOREGOING MINUTES ARE A TRUE AND CORRECT COPY OF THE MINUTES OF THE SCHEDULED COUNCIL MEETING OF THE CITY COUNCIL, TOLLESON, ARIZONA HELD ON THE 13 rd OF APRIL, 2010 FURTHER CERTIFY THAT THE MEETING WAS DULY CALLED AND HELD AND THAT A QUORUM WAS PRESENT. SHAUNNA LEE-RICE, DEPUTY CITY CLERK