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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 9/11/2018 (3) City of Glendale 5850 West Glendale Avenue Glendale, AZ 85301 11114 111 GLEND,4e, Meeting Minutes Tuesday, September 11, 2018 5:30 P.M. Voting Meeting Council Chambers City Council Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner CALL TO ORDER Mayor Weiers called the meeting to order at 5:31 p.m. ROLL CALL Present: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Also Present: Kevin Phelps, City Manager Tom Duensing, Assistant City Manager Jack Friedline, Assistant City Manager Michael Bailey, City Attorney Julie K. Bower, City Clerk POSTING OF COLORS PLEDGE OF ALLEGIANCE PRAYER/INVOCATION The invocation was delivered by Mario Leyvas of Palm Valley Church. CITIZEN COMMENTS Bill Demski, Sahuaro District resident, addressed concerns about City employee salaries and pensions. Kim Baker, Avondale resident, provided a copy of a letter of complaint he had filed on September 4, 2018, against Glendale Police Chief Rick St. John concerning the Jhessye Shockley case. He provided a copy to the City Clerk. Warren Wilfong, Ocotillo District resident, addressed issues about the Zoning Code prior to 1993 as it related to front yard parking and current parking codes. Councilmember Aldama asked Mr. Phelps to follow up with a memo to Council regarding the correct or current interpretation of what Mr. Wilfong had brought before Council. James Deibler, Phoenix resident, spoke about the possibility of Safeway relocating to a new location and the need to increase weekend bus service. Denise Quintana, Ocotillo District resident, addressed concerns about the Glendale Glitters Festival, the rebuilding of the amphitheater and small businesses in the Glendale community. Cheryl Kappes, Glendale resident, addressed an online petition regarding Glendale's signature festivals and downtown Glendale businesses. Bonnie Hubbard, Ocotillo District resident, addressed the economic benefits of the Glendale festivals and changes that could be made to the festivals. City Council Meeting Minutes-September 11,2018 Page 2 of 24 APPROVAL OF THE MINUTES 1. APPROVAL OF THE MINUTES OF THE AUGUST 14, 2018 VOTING MEETING A motion was made by Councilmember Bart Turner, seconded by Councilmember Joyce Clark to approve the minutes of the August 14, 2018 voting meeting. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed CONSENT AGENDA Ms. Bower read the Consent Resolutions by title. 2. RECOMMEND APPROVAL OF LIQUOR LICENSE NO. 5-24192, SIGN OF THE THYMES BISTRO 3. RECOMMEND APPROVAL OF LIQUOR LICENSE NO. 5-21662, LA RUBIA Y LA MORENA 4. POSITION RECLASSIFICATIONS 5. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH WATER & ENERGY SYSTEMS TECHNOLOGY, INC., DBA WEST INC., FOR WATER TREATMENT CHEMICALS & SUPERVISORY SERVICES AND RATIFICATION OF EXPENDITURES 6. AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH TDA CONSULTING INC., FOR PROFESSIONAL STAFFING FOR THE INTERIM HOUSING ADMINISTRATOR AND HOUSING ASSESSMENT AND RATIFICATION OF EXPENDITURES 7. AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN &ASSOCIATES, INC., FOR THE DESIGN OF CAMELBACK ROAD IMPROVEMENTS CONSENT RESOLUTIONS 8. RESOLUTION NO. R18-128 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT AND CONTRACT FOR LEGAL SERVICES WITH THE CITIES OF AVONDALE, CHANDLER AND SCOTTSDALE RELATING TO JOINT LEGAL REPRESENTATION IN THE SETTLEMENT EFFORTS RELATING TO THE WATER RIGHTS CLAIMS BY THE WHITE MOUNTAIN APACHE TRIBE City Council Meeting Minutes-September 11,2018 Page 3 of 24 9. RESOLUTION NO. R18-129 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT FOR WIRELESS COMMUNICATIONS SITE IN CITY OF GLENDALE RIGHT-OF-WAY LOCATED AT ZANJERO BOULEVARD AND CABELAS DRIVE, GLENDALE, ARIZONA WITH NEWPATH NETWORKS, LLC. 10. RESOLUTION NO. R18-130 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND ENTERING INTO AN INDEPENDENT CONTRACTOR AGREEMENT WITH ARIZONA COMMUNITY ACTION ASSOCIATION TO RECEIVE FUNDING FOR FY 2018-19 UTILITY ASSISTANCE PROGRAMS 11. RESOLUTION NO. R18-131 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, APPROVING THE ISSUANCE BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF GLENDALE, ARIZONA OF ITS REVENUE BONDS (THE BEATITUDES CAMPUS PROJECT), SERIES 2018, IN ONE OR MORE SERIES AND IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $25,000,000 A motion was made by Councilmember Ray Malnar, seconded by Councilmember Joyce Clark to approve Consent Agenda items 2 through 7 and adopt Consent Resolutions, items 8 through 11. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed BIDS AND CONTRACTS 12. AWARD OF IFB 18-30 AND AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH NEWT FOGAL SALES FOR STREET SWEEPER BROOMS A motion was made by Councilmember Jamie Aldama, seconded by Councilmember Ian Hugh to approve item 12. Councilmember Clark would not be voting "no" on the five-year contract, as was her usual practice. Ms. Moreno had explained the contract was part of the Strategic Cities Program and that in the future, Ms. Moreno would be coming to a workshop to explain it to Council in greater detail. It made sense not to vote "no"just because it was a five-year contract. The vote on the motion was: AYE: Mayor Jerry Weiers City Council Meeting Minutes-September 11,2018 Page 4 of 24 Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed PUBLIC HEARING - LAND DEVELOPMENT ACTIONS 13. RESOLUTION NO. R18-132 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING THE GENERAL PLAN MAP OF THE CITY OF GLENDALE, ARIZONA, BY APPROVING GENERAL PLAN AMENDMENT GPA 17-10 FOR PROPERTY LOCATED AT 7407 NORTH NEW RIVER ROAD. ORDINANCE NO. 018-61 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, REZONING PROPERTY LOCATED AT 7407 NORTH NEW RIVER ROAD FROM A-1 (AGRICULTURAL) TO M-1 (LIGHT INDUSTRIAL), AMENDING THE ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE IS RECORDED. Presented by: David Williams, AICP, Planning Administrator Ms. Bower read the resolution and ordinance by title. Mr. Williams said the request was for Council to conduct a public hearing and adopt the proposed resolution that approved a General Plan Amendment and the proposed ordinance that approved a rezoning application for the Colonial Mid-Mountain project, located at 7407 North New River Road. Mr. Williams said the General Plan Amendment was a request to change from business park to light industrial. The site was approximately 14.1 acres and would accommodate expansion of the existing land use. Mr. Williams said the rezoning would change the site zoning from A-1 agriculture to M-1 industrial to accommodate the trucking and industrial use and expansion of the property, to include three new warehouses, truck loading docs and parking and staging areas. The rezone brought property use into conformance, allowing for expansion to maximize use of the site. He said the Planning Commission did hear this case and recommended approval. Mr. Williams said the proposed rezoning was necessary to bring a legal non-conforming land use into compliance with current city zoning code. The M-1 zoning district designation would make the A-1 zoned property consistent with the surrounding properties also zoned M-1. Staff recommended approval. Councilmember Clark asked if the expansion in any way jeopardized the continued operation of the airport. Mr. Williams said the request was forwarded to the airport as normal for any development review case and no response with any concerns or negative comments was received. City Council Meeting Minutes-September 11, 2018 Page 5 of 24 Mayor Weiers opened the public hearing. No one wished to speak. Mayor Weiers closed the public hearing. A motion was made by Councilmember Ian Hugh, seconded by Councilmember Jamie Aldama to adopt Resolution No. R18-132. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed A motion was made by Councilmember Ian Hugh, seconded by Vice Mayor Lauren Tolmachoff to adopt Ordinance No. 018-61. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed 14. RESOLUTION NO. R18-133 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING THE GENERAL PLAN MAP OF THE CITY OF GLENDALE, ARIZONA, BY APPROVING GENERAL PLAN AMENDMENT GPA 18-02 FOR PROPERTY LOCATED AT 8806 WEST EMIL ROVEY PARKWAY. ORDINANCE NO. 018-62 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, REZONING PROPERTY LOCATED AT THE NORTHEAST CORNER OF 89TH AVENUE & EMIL ROVEY PARKWAY AT 8806 WEST EMIL ROVEY PARKWAY FROM A-1 (AGRICULTURAL) ZONING DISTRICT TO R1-7 PRD (SINGLE-RESIDENCE, PLANNED RESIDENTIAL DEVELOPMENT OVERLAY) ZONING DISTRICT FOR A DEVELOPMENT PLAN ENTITLED "THE ENCLAVE AT ROVEY FARMS,"AMENDING THE ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE IS RECORDED. Presented by: David Williams, AICP, Planning Administrator Ms. Bower read the resolution and ordinance by title. City Council Meeting Minutes-September 11, 2018 Page 6 of 24 Mr. Williams said the proposed resolution would approve a General Plan Amendment and the proposed ordinance would approve a rezoning application for a project titled "The Enclave at Rovey Farms," located at the northeast corner of 89th Avenue and Emil Rovey Parkway. Mr. Williams said the request was to amend General Plan from EDU (Educational)to MDR 3.5 (Medium Density Residential) along with a rezoning from A-1 (Agricultural) to R1-7 PRD (Single Residence, Planned Residential Development). The site was 15.4 acres. The site plan proposed 43 single-family dwelling units and single-family homes and lots with future at a density of about 2.8 dwellings per acre. Mr. Williams said a neighborhood meeting was held on April 4, 2018, at Desert Mirage Elementary School with 13 neighbors/interested party listees in attendance. There were concerns related to parking overflow from the adjacent high school and City park, as well as traffic impacts. Mr. Williams said the Planning Commission reviewed and unanimously recommended approval at the public hearing on August 2, 2018. Two members of the public spoke at the hearing neither in support of or opposition to the zoning request but wanted to express their concerns regarding parking associated with the use of the city park. Mr. Williams said if the applications were approved, the rezoning should be subject to the stipulation in the packet provided to Council. Vice Mayor Tolmachoff understood the applicant had agreed to put up "no parking" signs at their own expense in response to the concern of the existing neighborhood. Mr. Williams had received that information. He said that condition could be stipulated for the rezoning case. The inclusion of parking signs was typically addressed in the design and review phase but perhaps without as much of an incentive or hammer to require it, it could be accomplished at the zoning stage. It would be necessary for the City Engineer and Transportation to evaluate the placement of the signs but it could be added tonight, if that was the pleasure of Council. Mayor Weiers understood the same thing and that one of the bigger issues happening was that the high school charged the students for use of its parking lot. Students were parking on the street which was creating a problem. He said the developer would have the same issue within the housing area with students trying to park in front of people's homes. Councilmember Clark said Sycamore Park was being used for league play. When that occurred, there were people coming in vehicles and parking along Emil Rovey Parkway to participate in league play in that small, tiny neighborhood park. She suggested that Parks and Recreation staff investigate. When it happened at another park, the City advised them that the park could not be used for league play and the parking problem went away. Councilmember Clark said the other problem was a much bigger issue and that was the high school did not need to charge students to park in its parking lot, which was virtually vacant. She was told that the City could not put up "no parking" signs because it needed permission from the school. There was no reason why the City could not put up signs on both the east and west side except for the school football fields. It was a frustrating situation for the people living on Emil Rovey and she hoped Council would come up with a partial solution on the parking issue. ,Councilmember Turner asked if it was 24-hour no parking or during school hours or seven days a week. If there were families that wanted to bring equipment, they might like to drive and park near the park. He asked how those concerns would be handled. City Council Meeting Minutes-September 11,2018 Page 7 of 24 Mr. Williams said there were several options regarding signage such as what hours might be restricted versus a continual or full 24-hour, 7 day a week restriction. Staff would want to look at the specific issues trying to be solved and make sure that the regulation or the posting accomplished the goal without overregulating so people who were living in the area were not inconvenienced. Mayor Weiers said the City could possibly add a few more parking spaces at the park. Councilmember Clark said it was a neighborhood park of approximately 4 or 5 acres. In every component of Rovey Farms Estates, there were several separate recreational areas with tot lots and each had its own park. People who were coming and using the neighborhood park were not residents of the area. If they were, they could easily walk to it or use their own confined neighborhood park. Creating more parking spaces was not the solution. Mayor Weiers opened the public hearing. No one wished to speak. Mayor Weiers closed the public hearing. A motion was made by Councilmember Joyce Clark, seconded by Vice Mayor Lauren Tolmachoff to adopt Resolution No. R18-133. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed A motion was made by Councilmember Joyce Clark, seconded by Councilmember Jamie Aldama to adopt Ordinance No. 018-62. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed Councilmember Malnar recognized Boy Scout Shaun Burro, a member of Troop 724, who was present to fulfill a requirement to move forward in the scouting program. ORDINANCES City Council Meeting Minutes-September 11,2018 Page 8 of 24 15. ORDINANCE NO. 018-63 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE EXECUTION OF AN EASEMENT FOR DRIVEWAYS AND SIDEWALK LOCATED AT 6735 WEST GOLDEN LANE AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THIS ORDINANCE. Presented by: Tom Kaczmarowski, P.E., Principal Engineer Ms. Bower read the ordinance by title. Mr. Kaczmarowski said the proposed ordinance accepted a new driveway and sidewalk easement at 6735 West Golden Lane. The developer, SHP V Glendale LLC, of the new Morningstar Assisted Living, was constructing two driveways and associated sidewalk on Golden Lane. The developer was granting the City an easement for the portions of the driveways and associated sidewalk that,would be located outside of City right-of-way so that the City could maintain, operate, repair, replace and remove if necessary the driveways and associated sidewalk consistent with City Code. Mr. Kaczmarowski said staff recommended acceptance of the easement. There would be no impact on City departments or service levels as a result of the action and minimal costs might be incurred for operating and maintaining the driveways and sidewalk in the future. A motion was made by Councilmember Bart Turner, seconded by Vice Mayor Lauren Tolmachoff to adopt Ordinance No. 018-63. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed 16. ORDINANCE NO. 018-64 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE EXECUTION OF A POWER DISTRIBUTION EASEMENT IN FAVOR OF SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT LOCATED AT FIRE STATION 152 AT 6850 WEST BETHANY HOME ROAD CONSISTING OF APPROXIMATELY 0.03 ACRES FOR THE FIRE STATION 152 REMODEL PROJECT AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THIS ORDINANCE. Presented by: Tom Kaczmarowski, P.E., Principal Engineer Ms. Bower read the ordinance by title. Mr. Kaczmarowski said the proposed ordinance would grant a power distribution easement in favor of Salt River Project Agricultural Improvement and Power District (SRP) at 6850 West Bethany Home Road as part of the Fire Station 152 Remodel Project. Mr.-Kaczmarowski said staff recommended granting of the non-exclusive power distribution easement for the new underground power distribution line and associated facilities. The City Council Meeting Minutes-September 11,2018 Page 9 of 24 easement covered approximately 0.03 acres. Mr. Kaczmarowski said there would be no impact on City departments or service levels and no costs would be incurred by the City for granting the power distribution easement. A motion was made by Councilmember Joyce Clark, seconded by Vice Mayor Lauren Tolmachoff to adopt Ordinance No. 018-64. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed 17. ORDINANCE NO. 018-65 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE EXECUTION OF A WARRANTY DEED FOR RIGHT-OF-WAY LOCATED AT 6735 WEST GOLDEN LANE AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THIS ORDINANCE. Presented by: Tom Kaczmarowski, P.E., Principal Engineer Ms. Bower read the ordinance by title. Mr. Kaczmarowski said the proposed ordinance accepts right-of-way for Golden Lane directly west of 67th Avenue. SHP V Glendale LLC, the developer of the new Morningstar Assisted Living, was constructing street improvements to meet current street design requirements and had agreed to dedicate additional right-of-way in order for the City to maintain the portion of the street once the improvements had been constructed. Mr. Kaczmarowski said staff recommended accepting the additional right-of-way. There would be little impact on City departments or service levels and minimal costs might be incurred in the future to maintain and repair the additional street improvements. A motion was made by Councilmember Jamie Aldama, seconded by Councilmember Ian Hugh to adopt Ordinance No. 018-65. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed City Council Meeting Minutes-September 11,2018 Page 10 of 24 18. ORDINANCE NO. 018-66 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE EXECUTION OF AN EASEMENT FOR A WATER LINE IN THE PARCEL EAST OF CAMELBACK VILLAGE LOCATED APPROXIMATELY 950 FEET NORTH OF CAMELBACK ROAD BETWEEN 83RD AND 84TH AVENUES; AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THIS ORDINANCE. Presented by: Tom Kaczmarowski, P.E., Principal Engineer Ms. Bower read the ordinance by title. Mr. Kaczmarowski said the proposed ordinance accepted a new water line easement in the parcel east of Camelback Village, located approximately 950 feet north of Camelback Road between 83rd and 84th Avenues. Mr. Kaczmarowski said the developer of the new Camelback Village subdivision, located at 84th Lane and Camelback Road, was constructing a new public water line to meet the water requirements of the City Code for the development and for the future development of the parcel directly east of Camelback Village. The owner of the parcel east of Camelback Village, 83rd & Camelback, LLC, was granting the City an easement for the water line so that the City could maintain, operate, repair, replace and remove if necessary, the new water line consistent with City Code. Mr. Kaczmarowski said staff recommended acceptance of the easement for the new water line. There would be no impact on City departments or service levels and there might be minimal costs incurred for operating and maintaining the water line in the future. A motion was made by Councilmember Ian Hugh, seconded by Vice Mayor Lauren Tolmachoff to adopt Ordinance No. 018-66. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed 19. ORDINANCE NO. 018-67 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE EXECUTION OF AN EASEMENT FOR STORM DRAIN AND APPURTENANCES AT 83rd AVENUE AND GEORGIA AVENUE AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THIS ORDINANCE. Presented by: Tom Kaczmarowski, P.E., Principal Engineer Ms. Bower read the ordinance by title. Mr. Kaczmarowski said the proposed ordinance acquired a new drainage easement for the City's 83rd and Georgia Avenues Drainage Project. The existing retention basin on the southeast corner of 83rd and Georgia Avenues had overtopped several times. During significant storm events, water backed up into Georgia Avenue and had flooded adjacent residential properties. City Council Meeting Minutes-September 11, 2018 Page 11 of 24 After the storm passed, the water remained standing in Georgia Avenue at an elevation above some of the low-lying garages. City crews had pumped the storm water out of the retention basin and into 83rd Avenue to lower the water level numerous times during significant storm events. Mr. Kaczmarowski said the City was constructing a new retention basin and other improvements to address drainage concerns in the area. With the action, the City would acquire an easement for$5,000 from 81st Avenue and Camelback, LLC so that the City could install, repair, operate and remove storm drain and appurtenances, including fencing and ingress-egress for access upon, over and under the surface of the Grantor's property. Mr. Kaczmarowski said staff recommended acceptance of the easement for the new storm drain and appurtenances. There would be no impact on City departments or service levels and there might be minimal costs incurred for operating and maintaining the storm drain in the future. A motion was made by Councilmember Joyce Clark, seconded by Vice Mayor Lauren Tolmachoff to adopt Ordinance No. 018-67. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed 20. ORDINANCE NO. 018-68 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE SALE OF LAND BY THE CITY TO C + D LLC AT 7018 NORTH 57TH AVENUE SOUTH OF GLENN DRIVE AND WEST OF 57TH AVENUE AND DIRECTING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR THE SALE AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THIS ORDINANCE. Presented by: Brian Friedman, Director, Economic Development Ms. Bower read the ordinance by title. Mr. Friedman said the proposed ordinance authorized the City Manager to enter into a Purchase and Sale Agreement to sell city-owned land and a building consisting of 7,000 square feet, at 7018 North 57th Avenue, to C + D LLC. The City had purchased the property in October of 2008, for$735,000. Mr. Friedman said the staff report referenced three parcels being purchased for a total of 13,939 square feet, and it was actually two parcels. The purchase included 24 uncovered parking spaces. There was an additional 7,000 square foot lot that was owned by a separate entity and was privately held. The purchase of the property was to provide land for future economic development projects that spurred business activity and to encourage revitalization efforts in downtown Glendale. Mr. Friedman said the 7,000 square foot building was occupied by St. Vincent de Paul at the time of purchase and operated at the location until June of 2015, when the store relocated. The building had been vacant since that time. City Council Meeting Minutes-September 11, 2018 Page 12 of 24 Mr. Friedman said in June 2018, C + D LLC submitted a letter of intent to purchase the property as-is for$25,000 and as part of the proposed purchase, C + D LLC also agreed to enter into a separate Development Agreement with the City that required C + D LLC to make all required building improvements to receive a certificate of occupancy at the property within 180 days of close of escrow. Mr. Friedman said the City's real estate manager conducted a property value analysis of the subject site. Significant findings that affected the property value included the uninhabitable condition of the 7,000-square foot structure. In its current deteriorated state, the building required substantial investment to redevelop and bring up to code. Mr. Friedman said based on the property value analysis and market conditions, it was determined that any City contribution to improve the building condition, including demolition and new build, would not yield a return at sale. He said the sale of the building did not include any • dedicated parking. Further property analysis determined that acceptance of a nominal purchase price in conjunction with the Development Agreement that required redevelopment of the property was in the best interest of the City. Mr. Friedman said the proposed sale would eliminate all present and future property maintenance and in turn, would generate revenue for the City, bring in new jobs and private capital investment to downtown and was in accordance with Council-stated goals. It required redevelopment of the property and activated a currently blighted and vacant structure by transforming the building into a productive and improved tax-generating operation. Additionally, the sale of the property to a local, well-established business that was owned and operated by Glendale-based entrepreneurs demonstrated interest and the additional possibility of future investments in downtown Glendale. Vice Mayor Tolmachoff asked if the property value analysis done by the City included an estimated value for the property. Mr. Friedman said the estimate was $10 a square foot with a $35,000 demo cost. The net value was $35,000. Vice Mayor Tolmachoff asked if it was $10 a square foot for the lot. Mr. Friedman said that was correct. It was a 7,000 square foot lot, so it was $70.000 minus the $35,000 for the estimated demolition, yielding a net of$35,000. Councilmember Turner asked how many jobs would be created. Mr. Friedman said the present estimate was three. Councilmember Turner asked if it was correct that in the Development Agreement the owners had a period of time to accomplish the improvements and receive a Certificate of Occupancy. He asked if at that time, the owners become completely vested in ownership of the property. Mr. Friedman said the answer was yes to both questions. Councilmember Turner asked if there were no restrictions on the owners as far as how long they would need to operate an ongoing business there from that point forward. Mr. Friedman said it was a three-year agreement. The owners had an obligation to host community events - an annual event and monthly events and the obligations continued after the issuance of the Certificate of Occupancy. City Council Meeting Minutes-September 11, 2018 Page 13 of 24 Councilmember Turner asked if it was correct that there was no penalty for not completing the three years of the agreement. Mr. Friedman said that was correct. Councilmember Clark asked if the City had estimated the value of the remodeling and rehab of the building. Mr. Friedman said if the City was to rehabilitate to code for office space, the cost to do so would be $1.225 million. If the City was to demolish and then build a new 3,000 square foot office with on-site parking, the estimate would be $885,000. If the City was to acquire, then demolish and build a new 7,000 square foot building on the lot with no parking, the estimate for office space was $1.75 million. Relative to the retail component part that was being asked, the estimate was roughly $500,000 for improvements to the building to bring it up to code. Councilmember Clark said the purchasers were paying the City $25,000 for the building but would be investing about half a million to bring the building up to code. Mr. Friedman said that was correct. Councilmember Clark said someone was willing to take the risk to put a new business in downtown Glendale and asked why the City thought that was an advantageous thing to do. She asked what were the City's goals that were being met by accepting the business in downtown. Mr. Friedman said it activated the downtown. It took a vacant building that generated nothing and that was the City's liability, and created the opportunity to welcome capital investment and jobs. It turned the vacant building into an activated place that hopefully spreads versus the current condition which did not help and further deteriorated. Councilmember Clark said the City was hoping it would attract some other businesses within that genre or other genres to also consider Glendale as a relocation from Roosevelt Row. She asked if that was correct. Mr. Friedman said that was correct. Councilmember Clark said the buyers were making a $500,000 investment in the building and were bringing in a new genre of business to downtown Glendale. The City was willing to take the chance to try something new to reinvigorate downtown and that was the purpose behind this. Mayor Weiers said employment of three employees was mentioned. He asked if there were plans to grow the number of employees and if the biggest challenge of that building, other than the cost of making it usable, was parking. Mr. Friedman said the answer to both was yes. Mayor Weiers said it made it difficult for anyone who wanted a retail-type business, without parking for customers. It really did not lend itself, even if the building was in good shape. The type of business proposed, the construction of furniture, was one that did not need to have parking. Mr. Friedman said that was correct. Councilmember Aldama asked if the improvements were solely for the building infrastructure or was it for equipment that could be taken by the owner after the three years or any time after that. City Council Meeting Minutes-September 11,2018 Page 14 of 24 Mr. Freidman said it was for the building only, no furniture, fixture and equipment (FF&E). Councilmember Aldama asked what the estimated tax revenue from the business would be. Mr. Freidman said the estimate for sales from the time they took occupancy in the taxing year was approximately $30,000 in transactions sales tax for the City. Councilmember Aldama asked if there were performance measures in place during the term of the agreement. Mr. Freidman said there were very strict performance measures relative to the actual performance of the certificate of occupancy. The owners had six months in which to do the improvement with two extensions in case they ran into some delays. Mr. Freidman said the second part of the agreement regarding the community give back, the programs and the things that they were planning to do to help stimulate the activity, interests and footsteps in our downtown, was less tightly regulated. Councilmember Aldama asked if there were other businesses that could do the same thing in that building, under the same agreement. He asked if staff had looked for other prospective buyers or only these buyers and that was it. Mr. Freidman said staff had entertained others who all were given the opportunity to produce letters of intent or opportunities for the Council to consider. The expectation was that the offers come in with an end user in tow, so that the City knew that the building would be activated. Having long-term holds in downtown did not help but instead provided for more vacancy if there was not an end user in tow. Councilmember Aldama said at a workshop back in 2015, the appraised value for the building was $35 a square foot. For 7,000 square feet, that would be $245,000. There was value to the building and he did not know if it needed to be demolished. Jack Friedline, Assistant City Manager, clarified the 2015 presentation. The presentation used a broker that developed about 11 potential properties and appraisals gave a wide spread of values, using more of a property comparison. The broker did not go into any of the buildings. If the broker had, they would have probably seen that the building was really a shell that needed almost complete reconstruction inside. Comparables were used. The building had deteriorated considerably since then and nothing within that shell would meet code today. Councilmember Aldama agreed with Mr. Friedline but there were comps within the neighboring areas that would be even higher today. He mentioned it because he wanted people to know that there was value to the building and it was not just worth $25,000. Vice Mayor Tolmachoff asked if there was a reason why the community commitment was not part of the Development Agreement. Mr. Friedman said the interest was in getting the building up and running. The basic reality of moving the needle forward to do what Council had asked staff to do which was to bring in end users, investment, activity and activation to downtown. The extras were those additional asks that staff felt would be really beneficial in helping the downtown. Vice Mayor Tolmachoff said one of the attractive issues of the offer was the willingness to engage with the community and she was wondering why that could not be part of the deal. The deal did make sense to her, but she was concerned that there was no protection for the City Council Meeting Minutes-September 11, 2018 Page 15 of 24 taxpayers for the building not to get flipped. Vice Mayor Tolmachoff proposed that the City at least get first right of refusal within the first five years to buy the building back for the purchase price plus the actual capital expenditures. The City would have a little bit of control if they did not operate the business for at least five years. She did not want to allocate taxpayer resources and then have the building flipped for double, triple or quadruple the value. Councilmember Aldama could support the first right of refusal proposal. He asked for an explanation of the VIP dollars and the incentives that were given as well. Mr. Friedman said the VIP dollars was a Federal program. The federal funds were granted by a panel and passed through Council every year. There was approximately$76,000 remaining in the City's VIP fund. It was an application process, which the City had managed for quite a long time out of the Community Development Department. There would be approximately$26,000 left to apply for and it only worked for folks that were well capitalized because it was a reimbursement program. Councilmember Aldama asked Mr. Freidman to talk about other incentives, such as permit fees or anything that the City was deferring to get the business up and running. Mr. Freidman said there was a waiver of up to about$10,000 for the building code, plan review and inspection fees, not including any development impact fees (DIF) that might be required as part of the plan submittal. Councilmember Clark said the building required a special user because of the lack of parking. The business was perfectly suited for that building because its primary trade was shipping furniture to customers and possibly walk-in traffic that was not dependent on nearby parking. It would be people who were walking through downtown who would stumble upon them, go into their business and over time word of mouth would build up their localized customer base. Councilmember Clark said Council could spend $1.3 million on special events downtown, yet was not willing to take a chance on a new business that was investing half a million dollars into rehabbing the building and $25,000 on purchase. It was an opportunity to do something new, different, and creative, to spur a new direction for downtown and it was like pulling teeth. Councilmember Clark hoped Council would at least consider opting out of its comfort zone. It had done it before on other projects and done it successfully. She asked Council to approve the project and give it a shot. Mayor Weiers had just received a message that the purchasers would agree to the five-year condition suggested by Vice Mayor Tolmachoff. Councilmember Malnar had concluded that it would be a good deal for the City. The original purchase was the land plus the building for the $725,000 and the City was only selling half of the land and the building. The purpose of buying the building was stated, "for the purpose of encouraging revitalization efforts" and that was what the proposal was. Councilmember Malnar applauded the group that was purchasing it for its willingness to invest in Glendale and thanked them for investing the amount of money that it was going to take. The building really did not have a lot of value and was going to take a lot of money to get it up to speed. Councilmember Malnar was very much in favor of moving it forward. It would encourage other businesses and could be a spark to create innovation and additional development in downtown. City Council Meeting Minutes-September 11, 2018 Page 16 of 24 Mayor Weiers was supportive of the proposal and that people should keep in mind that the only way the City was going to revitalize the downtown was to get some buzz going and that was jobs and bringing people to downtown. Councilmember Hugh agreed with moving forward with the project. If anyone wanted to come and occupy the building today, no matter what they paid, that cost would still be the same to occupy it, which would be $500,000 or$800,000. So, who would pay $300,000, realizing they would have to spend up to $800,000. It was a good prospect for downtown and it was going to bring something different and it was going to help Glendale move forward. Vice Mayor Tolmachoff said because of the willingness of C+ D LLC to allow the City to have first right of refusal, she could support the proposal. Councilmember Turner had concerns both about the process and about the proposal. The process had not been transparent. In October of 2015, Council consensus was not to sell this particular piece of property. There had been no change in Council's position regarding the property. The building was never posted as being for sale and it was not advertised to the best of his knowledge as being for sale. Councilmember Turner said the community and any interested parties had not had the knowledge and opportunity to make an offer because the building was not for sale. He said the City owed it to its citizens to allow them to get all the offers that might be out there and provide as many options available as possible and then for Council to make the choice and determine which was the best offer. That had not been done and Council was potentially short-changing citizens. Councilmember Turner said Council had asked and instructed staff to notify Council of any interest in any piece of property the City owned so that Council could decide if it wanted to put that piece of property on the market. That did not happen and it was a package-in-a-bow deal before Council first heard of it. It was not fair to put Council in that position and to have as much staff time and the time of the potential purchasers wrapped up in it before Council even had a chance to decide how it wanted to deal with the property. Councilmember Turner felt the proposal was too generous. The City was getting three jobs out of it that may double at some point down the road. It was not a job producer of great size. There was little protection for the taxpayers although the five-year right of refusal helped some. Councilmember Turner said the City purchased two parcels for$735,000. The demolition cost was $35,000. That left two empty parcels at $350,000 a piece. The City was potentially giving away $350,000 and it would take over$12 million of taxable retail sales to be able to replace that money. With the estimate of$30,000 a year in taxes paid to the City, it would be well over 10 years before the taxpayers recouped what had been invested in the property. Councilmember Turner was also concerned that it would set a precedent for the future for other parcels. Council was told it would be a catalyst for others. He would love nothing more than that, but he said he had not heard of a single business name yet or of a lease being drafted or signed for anyone else. He said Camelback Ranch was supposed to be a great catalyst and bring lots of business to Glendale too. It turned out to be an albatross that was going to hang around the necks of citizens for a long time. Councilmember Turner said the building could potentially solve the situation with the City's Prosecutor's Office by selling it to someone who would make the tenant improvements and the City would lease it back. They would have a guaranteed income and it would solve the Prosecutor's Office problem. City Council Meeting Minutes-September 11, 2018 Page 17 of 24 Councilmember Turner said Council owed it to the citizens to be transparent and put the property up for sale, to accept all ideas and offers, and then to decide on what was the best one. The current proposal might turn out to be the best one but unless we go through the process and were transparent about it, we were not going to know that, and our citizens were not going to know that. James Deibler, a Phoenix resident, was in favor of the ordinance. Cheryl Kappes, Glendale resident, was opposed to the ordinance and asked Council to postpone the item. Councilmember Clark asked if the building had been offered to various parties or brokers but required that they identify an end-user for the building. Mr. Freidman said staff had entertained folks about looking at properties, none of which had been able to come up with an end-user at all to move the needle. The City would have been left with a long term hold in a vacant building which was something staff was not willing to forward to Council. Councilmember Clark respected Councilmember Turner's point of view but respectfully disagreed with it. Suggesting the building for use as the Prosecutor's Office would do nothing to revitalize downtown. She also understood his comments about being too generous and giving too much away but other cities call that"incentives." Councilmember Clark asked if Council wanted to incentivize new business and new opportunity to come to Glendale. Council had a vision for downtown which included revitalization of downtown and making it a more successful and thriving destination. Selling a building and having someone sit on it for five years was not her idea of revitalization. It was a good use for the building that was dilapidated, run down, that maybe somebody else could buy for$500,000 and sit on it for another 5 years or 10 years. She was willing to take the chance if it would help revitalize downtown and make it more vibrant again Councilmember Aldama said before the City started incentivizing left and right, it should have a policy in place that guided and directed it as such and not just because you thought a business was going to be successful or you liked it. Councilmember Aldama asked if the business owners could speak. Mayor Weiers said he would have them speak later. Vice Mayor Tolmachoff asked how the proposal was put together. Mr. Friedman said the actual request came through the Chamber. Vice Mayor Tolmachoff said it was important to mention that the purchasers were bringing in their own capital to invest in the building and that there was no bank in the world that was going to provide 100% financing on the building. They were going to be investing a considerable amount of their own money in the venture as well. Councilmember Malnar asked if staff had been promoting the building and letting people know about it and did brokers and real estate folks know that it was there and was available. Mr. Freidman said that word of mouth was spreading and that there were downtown folks that were aware that the property was there and had been interested in it for a long time. People City Council Meeting Minutes-September 11,2018 _ Page 18 of 24 were aware. Staff was not out actively promoting it and that was why it was an unsolicited offer that came through the Chamber. Mayor Weiers asked how many staff hours had been put in on the project since it was received from the Chamber. He asked Mr. Friedman what exactly his department was charged with doing for the City. Mr. Friedman said approximately 100 hours. His department's charge was to build the City as an economic power base, bring capital investment,jobs and prosperity to the citizens of Glendale. Mayor Weiers asked the potential purchasers Dawn and Chase Albright, if they would like to address Council. Ms. Albright said she and her husband were Glendale residents. She gave a brief history of their business. They had started making furniture in their garage. The business had grown and they had rented space. The had ended up on Roosevelt Row but the business had continued to expand and they needed a larger, permanent space. She had read an article about downtown Glendale and she and her husband wanted to be part of a community and wanted to be part of something that was bigger than them. They were interested in bringing in new merchants and artists who were interested in working and living in downtown. A motion was made by Councilmember Bail Turner, to table the matter for 90 days, advertise the property and see what other interests and opportunities might be there and then readdress it at a meeting not less than 90 days from now. Motion died for lack of a second. A motion was made by Vice Mayor Lauren Tolmachoff, seconded by Councilmember Joyce Clark to adopt Ordinance No. 018-68. • - Councilmember Aldama said that the business owners always expressed a desire to fill the vacant buildings. He felt that the City should be transparent in all that it did and he did not feel that there was a lack of transparency here but was just a lack of putting it out in the market. That was why he wanted to hear the story of the two applicants because he really wanted to know what drove them and why it was important to downtown. They were able to capture that, which helped him make a decision. Councilmember Aldama was steadfast on creating businesses, bringing vibrancy and creating an entertainment district in downtown. It was the right decision and it was a tough one. He would vote "aye" on the issue. Councilmember Clark said Mr. and Mrs. Albright were exactly what Council wanted to come downtown. They had the right vision and the passion for what they did but she wanted to caution them to get successful before they give away all their time doing "feel good" projects. They were the kind of people that the Cityneeded to re-energize downtown and create the next generation and the next vision for downtown. She would vote a resounding "aye." Councilmember Hugh said it was a great example of the Chamber or downtown manager and the City working together. He was in his comfort zone and would vote "aye." Councilmember Turner said Mr. and Mrs. Albright had a very compelling and convincing story but he knew a lot of others who had compelling stories as well and should have had a chance to tell theirs also. It looked like the motion might be approved and he wished them both nothing but the most success. The process was important and he believed that the citizens City Council Meeting Minutes-September 11, 2018 Page 19 of 24 • trusted Council to get all the information it could before making decisions and he felt it did not do that. He would vote "no." The vote on the motion was: AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar NAY: Councilmember Bart Turner Passed RESOLUTIONS 21. RESOLUTION NO. R18-134 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF A DEVELOPMENT AGREEMENT WITH C + D LLC. Presented by: Brian Friedman, Director, Economic Development • Ms. Bower read the resolution by title. Mr. Freidman said the proposed resolution authorized the City Manager to enter into a development agreement between the City of Glendale and C + D LLC. The development agreement required redevelopment of the property and issuance of a certificate of occupancy within 180 days from the close of escrow and additionally required C + D LLC to host community involvement events and collaborate with the downtown community to further the benefit of the agreement. Mr. Friedman said the development agreement with C+ D LLC provided for timely redevelopment and activation of the property while also being competitive and responsive to development with the City that otherwise would not occur. The investment created new ongoing revenue streams through the facilitation of quality economic development in the community, ultimately supporting citizen services and quality of life initiatives. A motion was made by Councilmember Ray Malnar, seconded by Councilmember Joyce Clark to adopt Resolution No. R18-134. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed City Council Meeting Minutes-September 11, 2018 Page 20 of 24 The motion was voided. A motion was made by Councilmember Jamie Aldama, seconded by Councilmember Joyce Clark to adopt Resolution No. R18-134 and to amend the Development Agreement to provide for language in the Purchase and Sale Agreement that states that in the event that the business does not operate for five years after the receipt of the certificate of occupancy, the City has the first right of refusal to purchase back the property at the cost for the property plus the capital improvements made by the purchaser excluding FF&E. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed 22. RESOLUTION NO. R18-135 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF A RECIPROCAL SERVICES INTERGOVERNMENTAL AGREEMENT FOR LANDFILL DISPOSAL WITH THE CITY OF PHOENIX. Presented by: Michelle Woytenko, Director, Field Operations Ms. Bower read the resolution by title. Ms. Woytenko said the proposed resolution authorized the entering into of a reciprocal services Intergovernmental Agreement(IGA) for landfill disposal with the City of Phoenix. The initial term of the agreement was effective through June 30, 2021. At the City Manager's discretion, the agreement could be extended once for an additional two-year term, allowing the agreement to be effective through June 30, 2023. Ms. Woytenko said the cities of Glendale and Phoenix had exchanged solid waste tonnage and disposal services through IGAs since 1995. The reciprocal services IGAs allowed solid waste vehicles from each city to utilize the landfill and transfer facilities owned by the other city depending on collection route locations. The prior IGA expired on June 30, 2018. A motion was made by Councilmember Jamie Aldama, seconded by Councilmember Ian Hugh to adopt Resolution No. R18-135. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed City Council Meeting Minutes-September 11, 2018 Page 21 of 24 23. RESOLUTION NO. R18-136 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, DECLARING THE OFFICIAL CANVASS OF VOTES CAST IN THE CITY OF GLENDALE PRIMARY ELECTION HELD AUGUST 28, 2018; DECLARING THE ELECTION OF THREE COUNCILMEMBERS; AND ORDERING THAT A CERTIFIED COPY OF THIS RESOLUTION BE RECORDED. Presented by: Julie K. Bower, City Clerk Ms. Bower read the resolution by title. She said the proposed resolution would adopt the results of the August 28, 2018 Primary Election. A motion was made by Councilmember Ian Hugh, seconded by Vice Mayor Lauren Tolmachoff to adopt Resolution No. R18-136. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed NEW BUSINESS 24. SECOND AMENDMENT TO THE OPTION AGREEMENT BETWEEN THE CITY OF GLENDALE AND CAMELBACK SPRING TRAINING, LLC. Presented by: Michael D. Bailey, City Attorney Ms. Bower read the item by title. Mr. Bailey said the agreements that were referenced in the second amendment were attached which was not the case when Council first saw the original optional agreement. Outstanding bond agreements and leases that were recorded against the property were resolved that had to do with the financing originally on Camelback Ranch, including the Public Facility Corporation (PFC), which had been dissolved. Mr. Bailey said due to the refinancing, most of the financing that existed now was general obligation financing for the City not for the PFC. That had to be cleaned up as well as the legal description with regards to the property that was being sold. Mr. Bailey said the important take away was that the agreements recognized the facility use agreement and that all the subsequent agreements were not subordinate to the facility use agreement to ensure that the City did not get itself in a situation where it might not be complying with the facility use agreement. It was the City's primary obligation. Mr. Bailey said the teams consented to the agreements. A motion was made by Councilmember Joyce Clark, seconded by Vice Mayor Lauren Tolmachoff to approve the second amendment to the Option Agreement. AYE: Mayor Jerry Weiers City Council Meeting Minutes-September 11, 2018 Page 22 of 24 Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama - Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION A motion was made by Vice Mayor Lauren Tolmachoff, seconded by Councilmember Ian Hugh that Council hold the next regularly scheduled workshop on Tuesday, September 25, 2018 at 12:30 p.m. in City Council Chambers, to be followed by an executive session pursuant to A.R.S. 38-431.03. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed COUNCIL COMMENTS AND SUGGESTIONS Councilmember Aldama thanked staff and the great citizens of Glendale and the Ocotillo District. It was an absolute privilege to serve and an absolute honor doing so. He appreciated the opportunity to serve another four years. Councilmember Aldama announced he was co-hosting an event with Nancy Perry, Saturday, September 15, 2018, from 8:00 a.m. to 2:00 p.m., the Old Town Cruise and Car Show in downtown Glendale. Sponsors included Glendale Pawn and Jewelry, Sanderson Ford, Ramjet Speed Shop, Hop Stop Diner, AAPAK, Wildhorse Pass, Silver Auctions and Beaver Stripes. Councilmember Clark took a moment to remember the heroes of 9/11 and all of the first responders who were ill or who had died and most certainly the heroes of New York City, Shankstown, Pennsylvania and Washington, D.C. Councilmember Clark was pleased that Topgolf was close to being open and was going to have a soft opening and was hoping that all of Council would attend. It promised to be a very special event. Councilmember Hugh congratulated the three, newly re-elected Council members. Councilmember Malnar also recognized all of the fallen heroes of 9/11. He also recognized the recently re-elected officials on Council. Councilmember Turner congratulated Councilmember Aldama and Vice Mayor Tolmachoff on their re-elections. He thanked the voters of the Barrel District for their faith in him to continue to represent them for another four years. The last four years had been great and he was looking forward to what could be accomplished in the next four years. City Council Meeting Minutes-September 11,2018 Page 23 of 24 Vice Mayor Tolmachoff thanked the Cholla residents for supporting her in her re-election. The vote had been canvassed and the election was behind them and Council was ready to move on and get to work. Mayor Weiers said the Gila River Arena, with its partners, hosted the Second Annual 9/11 Tower Challenge, which honored 9/11 first responders. Participants had to climb the Tower's 2,017 steps. He had not realized how many steps that was until he did it. As he was doing it, he noticed the pictures of everyone killed in the attacks. Every time you took a step, you'd see their face. Mayor Weiers hoped that the younger generation did not forget what happened. It was hard seeing the faces, knowing that 3,000 plus people's families were living with that burden each and every year. He thanked the arena management for putting it together and hoped there would be better attendance next year. He recognized Police Chief Rick St. John and Fire Chief Terry Garrison. Mayor Weiers hoped everyone understood the loss and the fact that our country would never be the same again. ADJOURNMENT Mayor Weiers adjourned the meeting at 8:22 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 of Glendale, Arizona, held on the 11th day of September, 2018. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 26th day of September, 2018. J 4 K. Bower, MMC, City Clerk City Council Meeting Minutes-September 11,2018 Page 24 of 24