CITY COUNCIL REGULAR MEETING MINUTES DECEMBER 12, Vice Mayor Espinoza called the meeting to order at 7:04 PM.

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CITY COUNCIL REGULAR MEETING MINUTES CALL TO ORDER Vice Mayor Espinoza called the meeting to order at 7:04 PM. INVOCATION/PLEDGE OF ALLEGIANCE City Attorney Scott W. Ruby gave the Invocation and City Manager Reyes Medrano Jr. led the Pledge of Allegiance. ROLL CALL Present: Vice Mayor Espinoza, Council Members Farr, Gem, Laborin, Rodriguez, and Solorio Tovar Absent: Mayor Gámez Also Present: City Manager Reyes Medrano Jr., Mario Rochin Chief Building Official, Police Chief Larry Rodriguez, City Attorney Scott W. Ruby, and Chris Hagen City Clerk Department Heads: Steve Baumgardt Finance Director, Jason Earp Public Works Director, George Good Fire Chief, Wendy Jackson Human Resources Director, Joy McClain Community Services Director, and Diana Quezada Magistrate, Absent: Assistant City Manager John Paul Lopez, Mark Berrelez Utilities Director, and Chuck Brown, IT Director FINAL CALL TO SUBMIT SPEAKER REQUEST FORMS At this time, Vice Mayor Espinoza announced that all interested parties wishing to speak before Council should complete and submit a Speaker Request Form. CALL TO THE PUBLIC (NON-AGENDA ITEMS) None SCHEDULED PUBLIC APPEARANCES None

PAGE 2 BUSINESS FROM THE FLOOR 1. Public Hearing Final Site Plan as submitted by Majestic Reality Co., 20100 East 32 nd parkway, Suite 150, Aurora, Colorado, 80011 to be located at 8713 West Washington Street west of 86 th Avenue, Tolleson, Arizona 85353 for a new industrial development center with seventeen (17) stipulations documented by City Engineer, Woody Scoutten. Public Hearing opened at 7:06 PM and closed at 7:26 PM. Brett A. Tremaine, Vice President National Development Group from Majestic Realty Co., Aurora, Colorado and Matthew Chaiken, Regional Director and Jeremy Gacnik, Project Engineer from Ware Malcomb from Greenwood Village, Colorado presented the Final Site Plan for the 32 acres between 91 st and 87 th that is zoned I-1. The only access for ingress/egress for this parcel will be from 87 th Avenue. The project consists of three buildings with an SRP ditch through the parcel. The project consists of approximately 535,000 square feet of industrial flex retail/warehouse space. Building 2 will be constructed first with an estimated square footage of 180,000. Building 1 and 3 will be 220,000 and 136,000 in square footage. Residential is on the North side of the parcel Council Member Rodriguez inquired as to what kind of a buffer will be put in place between the residential/industrial and discussed the existing 6 screen wall and 100 retention pond and 40 of landscaping. He also inquired as to the ditch that is for private irrigation. Lot 5 as shown on this parcel has a separate owner. Council Member Solorio Tovar also reiterated the need for a buffer and to obscure the view between the residential development and Buildings 2 and 3. Comment was made to be aware of the potential for drag racing on the private driveway. Both Council Members inquired as to buffers for the truck traffic which will be off of Washington and how the home developer and residents were notified. Construction on Building 2 should start in the second quarter of 2007. Tenants will be a combination of Mom and Pop and corporate entities consisting of 25,000 to 30,000+ square footage with 5 to 10 year leases.

PAGE 3 Automobile parking and parking lots will be separate from semi-truck parking. Access has been made for emergency vehicles. Vice Mayor Espinoza inquired as to trucks idling with the cost of fuel this is no longer acceptable. Council Member Rodriguez questioned the possibility of rail access this project has not been designed to take on rail not enough room. 2. Public Hearing Replat of Majestic Realty at 8713 West Washington Street west of 86 th Avenue, Tolleson, Arizona 85353. Public Notice opened at 7:26 PM and closed at 7:30 PM. City Engineer reiterated that the replat sets the parameters for the legal size of the lots and will ensure consistency with the Final Site Plan. Elliott Pollack is selling this parcel with the exception of Lot 5. It is a linear lot zoned I-1 for flex commercial with potential retail. CONSENT AGENDA ACTION ITEMS *a. Approve Minutes: Regular Meeting Minutes November 28, 2006. *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 Intergovernmental Agreement for Street Improvements and Traffic Signal Maintenance Services between the City of Tolleson and the City of Avondale. Council Member Laborin. Motion carried 6-0. REGULAR AGENDA ACTION ITEMS PROPOSED TO BE HEARD 1. Approve/Deny new position, Field Operations Superintendent for Public Works Department. (Presentation of organization chart(s).) Presentation by Public Works Director Jason Earp reiterated that the implementation of the re-organization is to build a strong mid-level leadership to increase internal/external customer service levels. There is

PAGE 4 approximately $3,000 in their re-classified position before they are at the top of their grade level. Council Member Solorio Tovar inquired as to status of wages for those who have been re-assigned. Council Member Laborin and Council Member Rodriquez confirmed that the employees involved did not lose their current salaries nor benefits. This was a re-classification not a demotion. Council Member Solorio Tovar inquired about salary in the range of $60,000 approximately $30,000 to $40,000 will be from this fiscal years budget. Council Member Rodriguez inquired as to where funding for the salary would come from HURF, Sanitation Enterprise Fund, and $16,000 per division. A Bachelors degree and/or industry specific certifications will be required. Council Member Solorio Tovar discussed the re-assignment of the supervisors the main change is that they will act as lead personnel but no longer be responsible for evaluation of personnel no supervisory functions. They will be responsible for only planning their individual work schedule. City Manager Reyes Medrano Jr. outlined the additional management responsibilities of Jason including representing the City on all transportation issues, i.e., South Mountain Corridor, 91 st Avenue, as well as the new park and many other management responsibilities. Motion made to approve by Council Member Farr and 2 nd by Council Member Rodriguez. Motion carried 4-2. 2. Approve/Deny Final Site Plan for Majestic Reality at 8713 West Washington Street west of 86 th Avenue, Tolleson, Arizona 85353 with seventeen (17) stipulations documented by City Engineer, Woody Scoutten. Council Member Laboring. Motion carried 6-0. Council Member Solorio Tovar asked that the landscaping plan be brought to Council after Majestic has worked with staff to ensure that appropriate landscaping has been designed to buffer the residential/industrial portion of this parcel. (City Engineer)

PAGE 5 Teen Council Mayor Joseph Clark questioned more warehousing and empty buildings in Tolleson City Attorney Scott W. Ruby explained how the parcel was zoned industrial and that this is a viable use of the land. This project also adds positively to the overall assessed valuation of Tolleson. Council Member Rodriguez also responded with the explanation that Council s hands are tied as legally they can build this project. City Manager Reyes Medrano Jr. reiterated that Majestic Realty has worked with the City to bring in a high-end project that will create additional job opportunities and enhance the quality of life for those who reside in Tolleson. Further enhances the skilled/unskilled labor opportunities for the City and adds to the tax base. Joey Clark also questioned the feasibility of this project being approved don t want to see it why build it. Mayor and Council are sensitive to this project however this parcel is zoned light industrial and has a legal right to be developed on this parcel. 3. Approve/Deny Replat of Majestic Realty at 8713 West Washington Street west of 86 th Avenue, Tolleson, Arizona 85353. Motion made to approve by Council Member Farr and 2 nd by Council Member Gem. Motion carried 6-0. 4. Approve/Deny the Development Agreement between the City of Tolleson and CarMax Auto Superstores West Coast, Inc. Council Member Solorio Tovar. Motion carried 6-0. Council Member Rodriguez inquired as to the start of their construction should be in second quarter of 2007. Great impact to the City in regards to assessed evaluation, additional jobs and sales tax revenue. 5. Approve/Deny Award of speed hump contract to the lowest and most responsive bidder, Swaine Asphalt Corp. not to exceed $168,524.00 (budgeted amount). Council Member Laborin. Motion carried 6-0.

PAGE 6 6. Approve/Deny Award of Agreement for Professional Services Contract between the City of Tolleson and BBC Research and Consulting as the consultant for assistance in calculating impact fees. Consultant shall be compensated per the agreement in an amount not to exceed $79,000.00. Motion made to approve by Council Member Farr and 2 nd by Council Member Gem. Motion carried 6-0. Discussion took place in regards to quality and color of paint. Color is designated by law and these will be humps versus bumps which have different specifications. CITY MANAGER S REPORT OF CURRENT EVENTS 1. Luces de Navidad Community Event Update This was the most attended Luces in Tolleson s history. A great time for everyone Tolleson Youth Dance group did a great job City Manager thanks and commends everyone for a job well done. City Manager reviewed the work to start on January 5, 2007 on 91 st Avenue on the SRP ditch which involves use of the $1.8 million aesthetic funds from SRP which takes the expense off of the City s budget. Jason Earp is handling the 86 th Avenue Pre-Construction Meeting on Thursday at 1:00 PM. Vice Mayor Espinoza inquired as to status of the new Police facility two Companies submitted responses to the RFQ and interviews are on January 3 rd. Council Member Solorio Tovar gave an update (distributed information) from the Governor s Summit. Council Member Rodriguez thanked everyone and wished all a very Merry Christmas and Happy New Year. He appreciates everyone s assistance during his first year and a half in office. Council Member Laborin thanked everyone for their work at the City in regards to services available to Tolleson s citizens she just attended the NCL conference in Reno, Nevada and through her workshops and seminars learned that the majority of smaller communities do not have the infrastructure and level of service that Tolleson has.

PAGE 7 Wendy Jackson reminded all of the Employee Luncheon on December 22 nd. ADJOURNMENT Motion made to adjourn at 8:23 PM by Council Member Rodriguez and 2 nd by Council Member Farr. Motion carried 6-0. APPROVED: ATTEST: ADOLFO F. GÁMEZ, MAYOR CHRIS HAGEN, CITY CLERK CERTIFICATION I HEREBY CERTIFY THAT THE FOREGOING MINUTES ARE A TRUE AND CORRECT COPY OF THE MINUTES OF THE RESCHEDULED COUNCIL MEETING OF THE CITY COUNCIL, TOLLESON, ARIZONA HELD ON THE of, 2006. FURTHER CERTIFY THAT THE MEETING WAS DULY CALLED AND HELD AND THAT A QUORUM WAS PRESENT. CHRIS HAGEN, CITY CLERK