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Minutes of the regular meeting held November 15, 2004 at 7:00 p.m. in the Council Chambers.

 

Members Present       

Mayor Ronald Drake and Council Members                             Betty Lynch, Vice Mayor

                                                                                                Albert Carroll, Jr.

                                                                                                Marie Lopez Rogers

                                                                                                Jason Earp

                                                                                                Raymond Shuey

                                                                                                Chuck Wolf

                                                                                               

 

ALSO PRESENT

Charlie McClendon, Assistant City Manager

Andrew McGuire, City Attorney

Dean Svoboda, Planning and Building Services Director

Dan Davis, Community and Recreation Services Director,

Rob Emmett, Utilities Department Director

Ken Artz, Finance and Budget Director

Paul Adams, Fire Chief

Linda Farris, City Clerk

 

STATEMENT BY THE CITY CLERK

 

Linda Farris, City Clerk, read a statement regarding public appearances.

 

5)         SCHEDULED PUBLIC APPEARANCE

 

Scott Miller, President of the Arizona Fire Chief’s Association, presented Chief Paul Adams with the Chief Fire Officer of the Year Award.

 

3)         RECOGNITION ITEMS (MAYOR PRESENTATIONS)

 

Westview High School Students

 

Mayor Drake expressed the city’s commitment to its youth, noting it was the first city in Arizona recognized as a City of Character.  He said the city has a Youth Commission and regularly recognizes outstanding youth within the community. 

 

Brandy Haskins, Assistant Principal at Westview High School, introduced outstanding students and their parents.  She stated Michael Garcia and Alicia Vaez were selected by faculty members as this month’s Lord and Lady of Westview High School.  She said Alex Mendoza, Amelio Trevino and Jason Lansing are participating in an internship with Honeywell preparing for the next step in their careers.  She stated Roberta Gogert, Terry Hurst, Michael Prevet and Anthony Revis represent the school’s Web Team which, under the direction of Libby Sparks, is solely responsible for the school’s website.

 

Mayor Drake presented certificates of recognition to all of the students.  He recognized the students’ parents for the important role they play, stating their support and encouragement are invaluable to their children’s success.

 

Vice Mayor Lynch said building character takes three key roles, the student, the parent, and the school.  She said without that  partnership, character will not happen.  She said the mediator, or parent, has to be loyal and compassionate analyzing the benefits and problems of a given direction.  She said the server or the student sees and meets another’s practical needs, frees them to accomplish their goals and invests time and energy in their success.  She stated the teacher imparts wisdom, maturity and skill to others, validates direction and ensures completeness.  She congratulated all for the role they have played in growing their character.

 

Resolution Honoring Todd Hileman

 

Andrew McGuire, City Attorney, read Resolution 2456-04, by title only.  Council Member Shuey moved to adopt the Resolution.  Vice Mayor Lynch seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

 

Council Member Earp

Aye

Council Member Rogers

Aye

Council Member Shuey

Aye

Council Member Wolf

Aye

Council Member Carroll

Aye

Vice Mayor Lynch

Aye

Mayor Drake

Aye

 

Motion carried unanimously.

 

 

2)         CITY MANAGER’S REPORT

 

Fishing at Crystal Gardens Water Treatment Facility

 

Dan Davis, Community and Recreation Services Director, explained the Crystal Gardens Water Treatment Facility is a public amenity that allows fishing, but the city’s existing ordinance regarding fishing conflicts with Arizona Game and Fish regulations.  He stated, consequently, Council directed staff at the September 13 meeting to submit a request to Arizona Game and Fish to request special fishing regulations, which include all of the city’s existing regulations.  He noted an extensive public input process took place in 2002, which resulted in the following guidelines within the city’s ordinance: 1) dawn to dusk access; 2) catch and release only; 3) use of barbless hooks only; 4) use of artificial bait or worms; 5) no littering; 6) no swimming, rafting, boating or toys; and 7) no pets on a leash or in the water.  He reported Arizona Game and Fish approved the rules.  He said staff’s recommendation is to make adjustments to the current fishing ordinance to ensure it is aligned with Game & Fish regulations and assured the Council these technical corrections will not change the intent of the city’s existing rules.  With regard to the enforcement of rules and regulations, Mr. Davis said the city’s Park Ranger Program has made a concerted effort to enforce hours of use, alcohol use within the parks, and the dawn to dusk regulations.

 

Luis Cruz said they no longer see as many fisherman and a lot of the initial issues with alcohol use have lessened. He said he would like to continue to be able to fish at Crystal Gardens.

 

Joan Biggs, 10931 West Roanoke Avenue, Avondale, expressed her objections to fishing in Crystal Gardens Lakes and questioned how long Fish and Games’ approval would last.  She said she is pleased with their Park Ranger, but they object to staff’s recommendation.

 

Mr. Davis explained the Commission Order 40 is an annual process petitioned to Arizona Game and Fish, but they are in the process of extending it to a two year process.  He said, when necessary, staff will bring to the Game & Fish Department any issues Council feels need attention.

 

Mayor Drake commented the area is not intended for use after dusk, but asked if there is a need for lighting.  Mr. Davis said the dawn to dusk restriction eliminates the need for lighting and the lack of lighting is intended to discourage use of the facility after dark.  He said from a police enforcement standpoint, he said officers have the tools and off road vehicles necessary to effectively patrol the area.  Mayor Drake asked if solar lighting could be considered in darker areas.  Mr. Davis said the infrastructure is not there for permanent lighting, but solar lighting is an option.

 

Stephanie Walsh, 10809 West Granada Road, Avondale, said Crystal Garden is a state of the art water treatment cell, consisting of inter-related ecosystems.  She expressed her objections to the fishing in Cyrstal Gardens Lakes.  She said they are now asking the city to take their concerns into consideration and support their position. 

 

Mayor Drake commended the Council for their foresight to approve Rangers in the budget.  Lieutenant Segrillo explained since inception of the program 30 days ago, the Rangers have put in over 111 hours of training.  He said the rangers will initially act in an educational capacity, but once the educational component has been completed, they will begin acting in an enforcement capacity.  Mayor Drake suggested citizens that notice people disregarding the rules and regulations call the Avondale Police Department.

 

Raymond and Barbara Sivette submitted cards in opposition to the item, but chose not to address the Council.

 

Barbara Boblett, 10829 West Almeria Road, Avondale, said they purchased their home in Crystal Gardens seven years ago and felt the presence of the water treatment plant was a benefit.  She stated her objections to fishing at Crystal Garden Lakes. She said she has not noticed any difference in the past 30 days since the inception of the ranger program.  She stated the issue affects the entire city, noting it cost $12,000 last year to restock fish in the area and increased to over $30,000 this year.  She stated she is opposed to the item.

 

Mayor Drake noted the Council previously listened to hours of testimony from citizens both in support and opposition to the issue.  He said the conclusion the Council arrived at was that there would be fishing, but they told residents that if it became an issue in the future it would come back before the Council for debate.  

 

Robert Leuchs, 11212 West Roanoke Avenue, Avondale, said he has lived on the lake for three years and has not seen litter.  He stated his support of fishing in Crystal Gardens Lakes.

 

Mayor Drake explained Council felt creating parking would incentize people to fish at the lakes.  He stated, therefore, they deliberately chose not to create a parking area.  He encouraged residents to call the Police Department if people are in violation of parking regulations.

 

Ken Buvala, 2339 North 112th Avenue, Avondale, said he enjoys fishing in the lake and has fished 88 days since June.  He said he has seen rangers on four occasions since the program began.  He stated his support for fishing in Crystal Gardens Lakes.  He suggested placing more trash cans around the lakes.  He said there is a need for a sign about fishing regulations in the park area on Encanto, explaining the existing sign on the parkway is too small and cannot be read from the street. 

 

Parvaneh Ulrich, 2713 North 111th Lane, Avondale, said she opposes the fishing.  She said she would rather see the Police Department’s resources utilized in ways other than checking the lines of a group of fishermen.

 

Mayor Drake asked if the rangers are trained well enough not to mention from where they received a complaint.  Lieutenant Segrillo responded yes, stating complaints can be filed anonymously.

 

Kimberly Titmus, 2709 North 110th Avenue, Avondale, said she applauds the Council’s efforts to obtain input from everyone and for the solutions it has derived.  She stated she has seen rangers in her neighborhood twice in the past week and she appreciates their presence.  She said she supports the fishing and likes seeing families enjoying the facility together.  She asked if the ducks also perform a service with regard to the ecosystems and, if so, are they helped or impeded by neighbors who feed them. 

 

Mr. Emmett answered no.  Mayor Drake noted Homeowners Associations often do not want residents to feed ducks. 

 

Mayor Drake asked Lieutenant Segrillo and Mr. Davis to summarize the issues brought up by the citizens.  Mr. Davis said staff will work on issues concerning enforcement and littering and install additional trash cans and signage. 

 

Mr. McClendon suggested moving from the educational phase to the enforcement phase and hold a meeting with residents in approximately eight months to see how things are going.

 

Mayor Drake expressed his opinion the Council made a wise decision to allow fishing to continue; stating, however, it will not hesitate to reconsider the issue if it becomes too much for the residents to handle.  He again encouraged residents to contact the Police Department if problems arise.

 

Proposition 200 Update

 

Mr. Andrew McGuire, City Attorney, reported Proposition 200 has received a lot of attention since the election, specifically with regard to its impact given the reference to municipal services that was never defined.  He said Friday they received an opinion from the Attorney General that narrowed the scope to Title 46 services.  He stated, however, they have not had an opportunity to work with the Attorney General to identify what services the city offers that will fall within the general coverage of the opinion.  He assured the Council any staff members responsible for administering those services will be provided with all necessary guidance.

 

4)         UNSCHEDULED PUBLIC APPEARANCE

 

Mayor Drake noted receiving two letters from Maxine Griffin, which he asked to be part of the record.

 

Maxine Griffin, 27 South Central, Avondale, addressed the Council concerning the presence of a trailer on her property.  She explained the trailer was grandfathered in March 1999 and is used by a man that helps her take care of her property.  She stated the city is now requiring the trailer to be surrounded by a six foot fence, which will be much more intrusive than the trailer itself.  She asked why the city again has a problem with her having someone live in the trailer. 

 

Mr. McClendon offered to have a staff member contact Ms. Griffin regarding her concerns.

 

Henry Hernandez submitted a speaker’s card, but was not present to address the Council.

 

6)         CONSENT AGENDA

 

Councilman Carroll pulled items 6(c) from the Consent Agenda.

 

Vice Mayor Lynch pulled items 6(o) and (p) from the Consent Agenda.

 

a.         APPROVAL OF MINUTES

            Regular meeting of November 1, 2004

            Joint meeting of November 1, 2004

 

b.         APPROVAL OF CLAIMS – SEPTEMBER 2004

           

 

d.         PURCHASE AGREEMENT – BRUSH FIREFIGHTING TRUCK

            Approval of a contract with Mallory Company for the purchase of a brush firefighting truck at a total cost of $69,632.00.

 

e.         CHANGE ORDER 1 – GANTRY CONSTRUCTORS, INC. – WELL 16 WELLHEAD AND COMPOUND

            Approval of Change Order 1 to Gantry Constructors, Inc. for an amount not to exceed $20,000.00.

 

f.          PURCHASE OF CALCIUM HYPOCHLORITE TABLETS

            Authorization to purchase calcium hypochlorite tablets from Univar USA, Inc., by adjoining to the City of Phoenix contract, for an amount not to exceed $79,000.00.

 

g.         PURCHASE OF POLYMER COAGULANT

            Authorization to purchase Polymer Coagulant from Polydyne, Inc. for the wastewater treatment plant by adjoining to the Pima County contract for an amount not to exceed $100,000.00.

 

h.         NATIONAL LEAGUE OF CITIES – ALTERNATE VOTING DELEGATE

            Nomination of Vice Mayor Lynch and Councilmember Marie Lopez-Rogers as Avondale’s voting delegate and voting alternate respectively, for the National League of Cities, Congress of Cities Conference in Indianapolis, Indiana November 30, 2004 through December 4, 2004.

 

i.          PURCHASE OF BADGER WATER METERS – MOUNTAIN STATES PIPE & SUPPLY

            Authorization to purchase Badger water meters from Mountain States Pipe and Supply in an amount not to exceed $478,680.00 by adjoining to the City of Peoria contract.

 

j.          PURCHASE OF PANASONIC TOUGHBOOKS – POLICE DEPARTMENT

            Authorization to purchase 15 Panasonic Toughbooks from Portable Computer Systems at a cost of $108,470.18 through the Department of Justice COPS Technology Grant.

 

k.         PURCHASE 24 SPILLMAN LICENSES – POLICE DEPARTMENT

            Authorization to purchase 24 Spillman Licenses for $48,880.00, which will allow Avondale Police Officers to access records stored in the Spillman Computer Aided Dispatch and Records Management System, using funds provided to the City of Avondale through the Department of Justice COPS Technology Grant.

 

l.          CHANGE ORDER 1 – HUNTER CONTRACTING COMPANY INC. – 107TH AVENUE AND THOMAS ROAD IMPROVEMENT PROJECT

            Approval of Change Order 1 to the Hunter Contracting Company, Inc. construction contract in the amount of $285,166.49, for the 107th Avenue and Thomas Road street improvement project.

 

m.        FINAL PLAT FOR CW RANCH 2 (FP04-6)

            A request from Mauricio Iacuelli, RFF Consulting, to replat and expand a portion of the CW Ranch subdivision (now called Starlight Trail), generally located at the northeast corner of Avondale Boulevard and Buckeye Road.

 

n.         REQUEST TO PURCHASE PRISONER TRANSPORT VAN – POLICE DEPARTMENT

            Approval to purchase a ¾ ton van from Midway Chevrolet for $34,931.34 for use by the Avondale Police Department Detention Services Unit to transport prisoners.

 

q.         ORDINANCE – SCRIVENER’S ERROR

            An ordinance correcting a scrivener’s error included in Ordinance 1054-04, thereby authorizing the acquisition by purchase or condemnation of real property for public use relating to the expansion of Dysart Road and authorizing the Mayor and City Clerk to execute said documents.

 

r.          RESOLUTION – XERISCAPE LANDSCAPING, PLUMBING, AND IRRIGATION TIMER/CONTROLLER WATER CONSERVATION REBATE PROGRAMS

            A resolution approving the Xeriscape Landscaping, Plumbing and Irrigation Timer/Controller Water Conservation Rebate Programs.

 

Andrew McGuire, City Attorney, read Ordinance 1064-04 and Resolution 2457-04, by title only.  Vice Mayor Lynch moved to adopt the ordinance, the resolution and approve the consent agenda as amended.  Council Member Wolf seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

 

Council Member Earp

Aye

Council Member Rogers

Aye

Council Member Shuey

Aye

Council Member Wolf

Aye

Council Member Carroll

Aye

Vice Mayor Lynch

Aye

Mayor Drake

Aye

 

Motion carried unanimously.

 

c.         FIRST AMENDMENT – DESIGN BUILD AGREEMENT – ADAPTIVE CM – REMODELING OF FIRE STATION 171 AND WESTERN AVENUE POLICE SUBSTATION

            An amendment to the design build agreement with Adaptive CM, LLC for remodeling Fire Station 171 and the Western Avenue Police Substation establishing the Guaranteed Maximum Price (GMP) for the project at $1,277,740.00.

 

Councilman Carroll asked what is the difference between a change order and an amendment.  Chief Adams stated the amendment before Council is part of a two-part design build process.  He explained the initial contract approved by the Council only took the project through design, stating they are now bringing an amendment to Council that takes the project through construction.  He said the amendment represents the total cost of the project and authorizes construction of the project.  He confirmed any future changes will have to be brought to the Council as change orders, not amendments.

 

Vice Mayor Lynch pointed out there should not be any change orders.  Chief Adams agreed, stating that is the intent of the design build process.

 

Council Member Wolf asked about the status of the design.  Chief Adams said they are at about 50 percent design and are very comfortable with the scope of the project and the numbers.  Council Member Wolf pointed out the $1,277,740 represents the guaranteed maximum price for design and construction services.  He cautioned that allowing the design to progress too far would put the city at risk of preempting a bid decision.  Mr. McGuire said selection of contractors under the design build process encourages the selection of an entire team.  He said the only thing not included when the design build contract is initially approved is the cost of the bulk of the contract.  He explained the process allows the city to move through the design process and determine whether the project can be designed and built within the city’s budget.  He noted, on one occasion, the city had a second amendment to a contract as the result of a drastic scope change.

 

Council Member Wolf again cautioned proceeding carefully in executing the amendment, stating the Design Build process usually includes the GMP process.  He said moving beyond 30 to 50 percent of the design without a guaranteed maximum price would put the city in the position of no longer controlling the open market for the service of construction.  Mr. McGuire said he is comfortable that the city’s process for Design Build falls within the bounds of Title 34.  He pointed out in some instances in other municipalities the design build process requires 100 percent design before the determination could be made as to whether or not the project can be built.  Council Member Wolf said he would be comfortable in that situation if a cost model was developed early enough in the process.

 

Councilman Carroll moved to approve the First Amendment – Design Build Agreement – Adaptive CM – Remodeling of Fire Station 171 and Western Avenue Police Substation.  Council Member Wolf seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

                      

Council Member Earp

Aye

Council Member Rogers

Aye

Council Member Shuey

Aye

Council Member Wolf

Aye

Council Member Carroll

Aye

Vice Mayor Lynch

Aye

Mayor Drake

Aye

 

Motion carried unanimously.

 

o.         APPOINTMENTS TO THE RISK MANAGEMENT TRUST FUND BOARD

 

Vice Mayor Lynch asked individuals selected to serve on the city’s Risk Management Trust Fund Board to introduce themselves.  None were present.

 

Vice Mayor Lynch moved to approve the appointments to the city’s Risk Management Trust Fund Board.  Councilman Carroll seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

 

Council Member Earp

Aye

Council Member Rogers

Aye

Council Member Shuey

Aye

Council Member Wolf

Aye

Council Member Carroll

Aye

Vice Mayor Lynch

Aye

Mayor Drake

Aye

 

Motion carried unanimously.

 

p.         APPOINTMENTS TO THE BOARD OF ADJUSTMENT, PLANNING COMMISSION, IPMC BOARD OF APPEALS, LIBRARY ADVISORY BOARD, PERSONNEL BOARD, AND SOCIAL SERVICES ADVISORY BOARD

 

Vice Mayor Lynch invited those being recommended for appointment to introduce themselves and state what board they are recommended for.

 

Jason Vanderpool, Jeffrey Slover, Paul Lopez, Regena Fairley, Mary Clark, Mike Demlong, Diane Dudley , Dana Neely,            Otis Richey and Sarah Haynes introduced themselves.

                       

Mayor Drake thanked the applicants for their willingness to serve, stating the Council could not run the city without their help.

 

Councilman Carroll expressed his appreciation as well and encouraged them to call the Council if they are ever in need of assistance.

 

Council Member Lopez-Rogers said the desire to give back to the community is admirable and she admires those being appointed. 

 

Vice Mayor Lynch invited the Commissioners and Board members to attend future Council meetings, stating it may help them learn the processes by which the city conducts business.

 

Vice Mayor Lynch moved to approve the appointments to the Board of Adjustment, Planning Commission, IPMC Board of Appeals, Library Advisory Board, Personnel Board and Social Services Advisory Board.  Councilman Carroll seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

 

Council Member Earp

Aye

Council Member Rogers

Aye

Council Member Shuey

Aye

Council Member Wolf

Aye

Council Member Carroll

Aye

Vice Mayor Lynch

Aye

Mayor Drake

Aye

 

Motion carried unanimously.

 

7)         FIRST QUARTER BUDGETARY REPORT – PERIOD ENDING 9/30/04

 

An overview of the City’s financial status through the first quarter of fiscal year 2004-2005.

 

Ken Artz, Finance and Budget Director, said the total budget for the city for  FY2004-05 is $145,726,620 and through the first quarter the city has expended $18,373,204, which represents 12.61 percent of the total budget expenditures.  He explained the number is slightly low because only about two percent of the Capital Projects funds have been spent to date.  He said during the same period, the city received $19,490,124 or 20.86 percent of the $93,423,400 in total budgeted revenues.  He noted the total revenue figure reflects an improvement district that was budgeted for $12 million, but it is not anticipated the city will issue that debt at this point.  He stated the city actually has about $1 million in positive cash flow at this time, but that is expected to change in future quarters.

 

Mr. Artz stated the largest General Fund revenue sources are taxes, including city sales tax and property tax, intergovernmental revenue, licenses and permits, charges for service, and fines and forfeits.  He pointed out city sales tax only represents two month’s worth of data and they do not start receiving the first half-payments until November and December.  He stated intergovernmental revenue is coming in as projected, licenses and permits revenue has exceeded projections, and all other revenue categories are right at or exceeding the budget.

 

Mr. Artz reported Proposition 400 money exceeds expenditures by about $140,000.00.  Enterprise Fund revenue lags a month in posting since billings are based on actual usage of the prior month.  He stated, with two months of revenue posted, revenues are at 22.43 percent and 17.38 percent of budget for the Water and Wastewater Funds respectively.

 

Mr. Artz said, in summary, the city expects a positive revenue variance this year and that expenditures will come in at or below the budget in all funds.

 

8)         PUBLIC HEARING – ORDINANCE – INTERSTATE COMMERCE CENTER PAD ZONING AMENDMENT (Z04-8)

 

An ordinance amending the uses permitted by the existing PAD (Planned Area Development) zoning and the development standards on lots 5 through 18 of the Interstate Commerce Center. 

 

Mayor Drake opened the public hearing on this item.

 

Dean Svoboda, Planning and Building Services Director, explained the Interstate Commerce Center Zoning was established in two different PAD zonings in 1996 and 1997.  In 1998 the Council approved a development agreement which covered the entire PAD area known as Interstate Commerce Center.  He stated in 2002 the Council approved a final plat which included the entire Interstate Commerce Center except the pilot travel center piece.  On September 20, 2004, Council approved an amendment for lots 1 through 4 of the Interstate Commerce Center.   He explained the request will add uses that are very similar to those heard during the hearing on September 20, additional commerce park uses, contractors offices, wholesale sale of finished goods, industrial type uses related to auto body repair and painting, a variety of automotive uses,  and commercial trade and business schools.  He said the original PAD zoning allowed commercial uses throughout the entire center and targeted the southeast corner of the development for commercial uses.  He stated, as part of this proposal, the design centers, hotels and motels will be allowed throughout the PAD, but all other commercial uses will be concentrated in the southeast corner.  He stated the unlimited outdoor storage allowed under the current PAD will be eliminated under the amended PAD, but accessory storage will be allowed as long as it is screened and limited to 50 percent of the building’s foot print.  He stated anything with a drive-thru facility or uses related to automobile sales and leasing will require a Conditional Use Permit.  He said heavy industrial uses and some commercial type uses, such as daycares, pharmacies and nursery schools, will be prohibited.  He stated the amendment clarifies that certain uses, such as bulk warehousing and distribution, contractors yards and truck parking/storage, will not be permitted in the future.  He stated the applicant is proposing that the site plan approval be handled administratively and has proposed a series of design guidelines, including four sided and embellished architecture, and quality materials, that will help staff control the type of development that occurs on an individual basis.  He said the applicant is also proposing removing the language requiring Council approval of all A-1 uses. 

 

Mr. Svoboda said staff believes the request to be consistent with the General Plan objectives for quality employment and commerce type uses.  He said they believe the amendment will result in land uses that are compatible with those already in the area and eliminate confusion by making the uses permitted within the Interstate Commerce Center more consistent throughout the PAD.  He said the commercial uses have been minimized but will support the employment uses.  He stated it will also streamline the development process, which will further the city’s economic development efforts and eliminate and cleanup the development agreement requirement for approval of all A-1 uses.  He reported the Planning Commission recommended approval subject to a stipulation requiring the property owner to submit an application to amend the development agreement to remove the language that also requires Council approval of all A-1 uses.  He explained the applicant has made such application and staff no longer feels the stipulation is necessary.  He said staff recommends approval of the amendment, subject to the stipulation set forth in the staff report.

 

Andy Moore, Applicant’s representative, thanked staff for their assistance.  He said their main goal was to come up with a center that was competitive economically, therefore, they wanted a clean list of permitted uses and an efficient process.  He pointed out the design review process is not cumbersome in other zoning districts and many cities allow administrative approval of design guidelines in employment districts.  He stated, in an effort to assure the city of quality development, they are proposing stringent design guidelines.  He explained the list of uses has been cleaned up, intense industrial uses that were allowed will now be prohibited, outdoor storage will be reduced to a maximum of 50 percent of a building’s footprint, and unwanted uses are being specifically prohibited.  He stated they agree with staff’s stipulation.

 

Council Member Shuey expressed his opinion the request has been well-thought out.  He said he supported the original stipulation requiring Council approval of all A-1 uses because of the uses allowed under A-1 zoning.  He stated, however, the proposed application is much better than the original.

 

Vice Mayor Lynch concurred with Council Member Shuey, stating she is comfortable allowing staff to approve the site plans.  She said this plan is the direction in which they want the city to move.

 

As no comments from the public were received, Mayor Drake closed the public hearing.

 

Andrew McGuire, City Attorney, read Ordinance 1065-04, by title only.  Councilman Carroll moved to adopt the ordinance.  Council Member Wolf seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

 

Council Member Earp

Aye

Council Member Rogers

Aye

Council Member Shuey

Aye

Council Member Wolf

Aye

Council Member Carroll

Aye

Vice Mayor Lynch

Aye

Mayor Drake

Aye

 

Motion carried unanimously.

 

9)         FINAL PLAT FOR INTERSTATE COMMERCE CENTER AMENDED (FP04-7)

 

A request from Mr. Ronald Fisher to replat a portion (53 acres) of the Interstate Commerce Center subdivision located at the northwest corner of 99th Avenue and Van Buren Street.

 

Dean Svoboda, Planning and Building Services Director, explained the proposed replat will combine and reconfigure lots 5-18 into eight new lots.  He said the lots will range in size from 3.01 to 12.61 acres.  He stated staff recommends approval of the final plat, subject to the stipulation contained in the staff report.

 

Councilman Carroll moved to approve the Final Plat for Interstate Commerce Center Amended.  Councilmember Wolf seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

 

Council Member Earp

Aye

Council Member Rogers

Aye

Council Member Shuey

Aye

Council Member Wolf

Aye

Council Member Carroll

Aye

Vice Mayor Lynch

Aye

Mayor Drake

Aye

 

Motion carried unanimously.

 

10)       SECOND AMENDMENT – FIESTA TRAVEL PLAZA DEVELOPMENT AGREEMENT

 

            A request to amend the Fiesta Travel Plaza Development Agreement to remove language requiring City Council approval of all A-1 uses.

 

Dean Svoboda, Planning and Building Services Director, explained the request is to amend the Fiesta Travel Plaza Development Agreement to remove language requiring City Council approval of all A-1 uses.  He said all other terms and conditions of the agreement will remain in full force and effect.  He stated staff recommends approval.

 

Councilman Carroll moved to approve the Second Amendment to the Fiesta Travel Plaza Development Agreement.  Council Member Wolf seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

 

Council Member Earp

Aye

Council Member Rogers

Aye

Council Member Shuey

Aye

Council Member Wolf

Aye

Council Member Carroll

Aye

Vice Mayor Lynch

Aye

Mayor Drake

Aye

 

Motion carried unanimously.

 

11)       SITE PLAN FOR CUMMINS DIESEL

 

            A request from Mr. Richard Bollogh for site plan approval for Cummins Rocky Mountain, 12.6 acres located on the southeast corner of 101st Avenue and Pierce Street.

 

Dean Svoboda, Planning and Building Services Director, explained the applicant is requesting site plan approval for Cummins Rocky Mountain which services diesel and propane powered engines and generators.  He said the Cummins facility will include engine repair and rebuild, a parts warehouse, and administrative offices.  He noted trucks, buses and recreational vehicles will be accommodated on the site.  He said there will be one building with a gross floor area of over 60,000 feet.  He stated the building will face the southeast corner of 101st Avenue and Pierce Street and will be set back approximately 140 feet from Pierce Street and 120 feet from 101st Avenue.  He said the height of the building is 34 feet measured to the top of the parapet.  He explained a screened service yard that includes outdoor storage stalls for vehicles will be located behind the main building.  He stated the facility will be available from three drives to Pierce Street and two drives to 101st Avenue.  He said the two centermost drives to Pierce Street will be for truck and RV access only, with employees using the southernmost drive to 101st  Avenue.  He stated customers and employees will primarily use the westernmost drive from Pierce Street and the two drives from 101st Avenue.  He said the site plan calls for seven RV electrical hookup areas, however these areas will not provide water or sewer and are not intended for overnight use.  He stated the screened vehicle storage yard will accommodate RVs, trucks, and trucks with tractor trailers.  He explained the building will have a modern southwest style architecture comprised of scored and painted concrete.  He stated the colors will be desert earth tones of brown and beige.  He said towers will enhance customer entries into the office and metal service doors will be painted to match the building.  He assured the Council that all rooftop equipment will be fully screened.  He said, additionally, the parking lot and storage yard will be screened and the site will be screened from Pierce Street by an eight foot wall.  He explained the majority of service work will be conducted indoors; however, some propane work will be done under a shade structure outdoors. 

 

Mr. Svoboda expressed his opinion the applicant is proposing a very admirable site plan that will set the stage for future development.  He noted the site plan has been modified to eliminate 16,000 square feet of the building area and the majority of the outdoor activity.  He said, however, this did not change the overall site plan to a great extent, therefore, they believe the Commission’s approval subject to eight stipulations should remain intact.  He pointed out the Pierce Street elevation included in Council’s packet neglects to show the 12 foot wall as being an extension of the main building, completely screening the attached shade structure.  He said staff recommends adding a second stipulation, requiring the Pierce Street elevation to be further enhanced by a wall that will completely screen the shade structure adjacent to Service Bay 6 from view as determined at the time of Construction Plan review.  He stated the applicant is in concurrence with the recommended stipulations.  He said staff recommends approval.

 

Mayor Drake asked the applicant if they agree with the proposed change to the stipulations.  Richard Bollogh indicated they do.

 

Vice Mayor Lynch said the facility is incredible and surpasses her best expectations for the site.  She referenced a discussion that occurred at the Planning Commission meeting concerning a traffic light, asking Mr. Svoboda if a stipulation should be added requiring the applicant to share in the cost of a traffic light should one be warranted in the future.  Mr. Svoboda explained the preliminary plat and all improvements have been made and the use is not expected to trigger the need for a traffic signal.  He said, however, the city will closely monitor traffic in the area as it continues to develop and traffic counts increase.

 

Vice Mayor Lynch asked if the oil tank will be above ground or buried.  Mr. Svoboda stated the tank will be an above ground, self-contained facility.

 

Vice Mayor Lynch asked what is the city doing about lighting on the main roadway.  Mr. Svoboda said the city is working with SRP to get the lights turned on at the Griffin Commerce Park. He said he is not certain if any other offsites are required with the proposed project, but they would be based on the overall subdivision approval.  He pointed out the proposed use will provide some additional light.

 

Councilman Carroll asked if staff will ensure onsite lighting does not bother residents south of Van Buren.  Mr. Svoboda responded yes, stating the applicant has proposed lighting fixtures that meet the dark skies requirements.

 

Councilman Carroll asked why the wall around the property will have multiple heights.  Mr. Svoboda explained the screen wall from 101st Avenue will be eight feet in height and two screen walls will be used along Pierce street, the first being eight feet high and used to screen vehicles and the second higher wall used to screen the service yard activities.  He stated bringing the wall out on the Pierce Street elevation will actually enhance the overall appearance of the building.  He said the different heights will help break up some of the mass of the site and enhance the views from the streetscape.  He noted staff worked with the architect to place the 12 foot wall closer to the building to lessen its impact from the street.

 

Council Member Earp pointed out the addition of another stoplight would result in five lights within less than one mile.  With regard to parking spaces, he asked if the applicant intends to store a lot of vehicles on the site.  Mr. Svoboda said, based on the unique nature of the facility, parking had to be designed for employees, customers, and trucks and RVs.  Council Member Earp asked if the screen walls will screen most of the vehicles.  Mr. Svoboda stated it is virtually impossible to completely screen the trucks and RVs, but staff believes the applicant has done an admirable job and that there will be no adverse off-site impacts.

 

Council Member Earp asked if the same shrubs used at the park on main street will be used on the applicant’s site, stating they are not very appealing.  Mr. Svoboda said the proposed landscaping package is drought tolerant and primarily oriented towards the streetscapes and along the building.  Council Member Earp asked if the applicant could be asked to change their plan if they intend to use the same kind of shrubs that are used at the park.  Mr. Svoboda offered to compare the applicant’s plan with the plan for the park and suggest substitutions if necessary.

 

Council Member Wolf asked if the steam wash area will be covered.  Mr. Svoboda said the area will be enclosed on all four sides, but the roof will be open.

 

Council Member Wolf commended staff and the applicant, stating their efforts have resulted in a very good design.  He asked if the doors will be painted.  Mr. Bollogh responded yes.  Council Member Wolf asked if the high wall will also be painted or stained.  Mr. Svoboda said the wall will be made out of the same material as the screen wall, providing a contrast of color, material and texture.  Mr. Bollogh noted all screen walls will be painted.

 

Vice Mayor Lynch moved to approve the Site Plan for Cummings Diesel, subject to the stipulations recommended by the Planning Commission and modified by staff.  Councilman Carroll seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

 

Council Member Earp

Aye

Council Member Rogers

Aye

Council Member Shuey

Aye

Council Member Wolf

Aye

Council Member Carroll

Aye

Vice Mayor Lynch

Aye

Mayor Drake

Aye

 

Motion carried unanimously.

 

The meeting recessed for a short break.

 

12)       PUBLIC HEARING – ORDINANCE – ZONING ORDINANCE TEXT AMENDMENT – SUBDIVISION MODEL HOMES, TEMPORARY CONSTRUCTION OFFICES, AND TEMPORARY SALES OFFICES (TA04-3).

 

            An ordinance amending Section 202.B of the Zoning Ordinance relating to temporary construction offices, temporary sales offices and model home complexes in  single-family subdivisions.

 

Mayor Drake opened the public hearing on this item.

 

Dean Svoboda, Planning and Building Services Director, explained the proposed amendment will clarify the requirements for temporary construction offices, temporary sales offices, and model home complexes, as well as allow model homes to be used for off-site sales.  He said all of the uses are permitted by the zoning ordinance, but there are few guidelines as to where, when and for how long they are permitted.  He explained Standard Pacific Home initiated the amendment because of their intention to have one model complex for two subdivisions.  He said staff later asked and the applicant agreed to broaden the request to include temporary construction and sales offices.  He stated temporary construction offices are basically permitted everywhere as long as they are kept in a neat and orderly condition and do not adversely affect residents in the subdivision.  He said the amendment will require site plan approval by city staff and clarify that the office must be removed when onsite construction is complete.  He explained temporary sales offices are currently permitted subject to the same criteria as temporary construction offices.  He said, however, under the amendment, temporary sales offices: 1) will not be allowed until a final plat is recorded and building permits for a model home complex have been issued; 2) will be allowed for a maximum of six months or until the model home complex is completed, whichever comes first; 3) must be located to assure compatibility with other nearby properties; and 4) will require site plan approval by city staff.  He explained model home complexes are currently a permitted use until the sale of the last unit and the proposed amendment would require that: 1) a final plat be recorded, project infrastructure permits issued and house plans approved before building permits are issued for the models; 2) approval of a site plan by the Zoning Administrator as well as the Building Official; 3) infrastructure serving a model home complex to be completed prior to use; 4) model homes to be available for sale in the subdivision where the models are located; and 5) all temporary improvements specifically associated with the model home complex must be converted or removed when sales are complete.  With regard to off-site residential sales in model home complexes, Mr. Svoboda stated the amendment will allow off site sales of homes as long as the complex meets all requirements as outlined for model home complexes in subsection B.10, the off-site sales office is located within the City of Avondale, and the complex is not used only for off-site sales.  He stated off-site sales will be allowed until 97 percent of the lots in the subdivision the complex is located in are sold.  He said staff believes the amendment is warranted and both staff and the Planning Commission recommend approval.

 

Councilman Carroll asked if the developers are precluded from using models in Avondale to advertise and sell their products in other cities.  Mr. Svoboda said it is not usual to have several sites throughout the valley and there is nothing that prevents them from selling the same housing product at all sites.  He said, however, the amendment would allow the developer to build a single model complex to sell houses for two subdivisions located within the City of Avondale.

 

Councilman Carroll asked if a purchaser of a model would be allowed to keep some or all of the improvements specifically associated with the model home complex if they so desired.  Mr. Svoboda said it would depend on the situation, explaining their main concerns are that covered parking be provided and the differences there could be between the  building standards for a garage or sales office and for a habitable space.

 

Council Member Wolf asked why the issue could not have been addressed by simply requiring a zoning variance.  Mr. Svoboda said a variance has to meet certain statutory requirements and go before the Board of Adjustment.  He explained the intent was to establish a process that provided flexibility for home builders while still protecting the community without adding another layer of process.  He said another option would be to require a Conditional Use Permit, but in his experience the permits are rarely denied and add additional time and expense for the applicant.  Council Member Wolf expressed concern that the issue arose out of one specific case, asking if it warrants changing the Zoning Ordinance. 

 

Council Member Wolf pointed out there is a difference between showing and selling out of a model home complex.  He asked if the difference is clearly defined in the ordinance so as to restrict builders from showing homes that are outside of Avondale.  Mr. Svoboda said the unit being modeled has to be for sale in the complex in which it is located.  He stated, however, a developer would not be precluded from having a book of other elevations available elsewhere.  He explained staff’s concern in allowing a model complex to show other models is that the sales office essentially never shuts down.

 

Council Member Wolf said lots often sell so quickly that a developer falls behind in constructing the homes.  He said, in such situations, the model homes often                                                                       become construction coordination offices.  He asked if that situation is handled within the confines of the amendment.  Mr. Svoboda said the construction trailer is often relocated and placed on the vacant parking lot of the sales complex as the models are converted for primary use.  He stated, in other situations, the models are closed down and active selling ceases, but the sales office remains open as a courtesy to the public.  He said he believes the ordinance provides enough flexibility to get through the transition period without problems, even if the transition period lasts 12 months.  He explained the purpose of the six month restriction with regard to sales and construction offices is to encourage the developer to build models.  He explained a green tag is issued for the model complex prior to their being approved as habitable residences.  He pointed out the ordinance assumes the model homes will be converted once all of the homes have been sold and does not address the possibility of a developer simply boarding up the model homes for an extended period of time.

 

Vice Mayor Lynch thanked staff and the applicant for what they have done.  She said, while she agrees that the sales offices have to be converted back to garages, she does not agree the removal of additional windows, tile on the floor or other cosmetic improvements should have to be removed if the homeowner wants them to remain.  She asked staff to better define the second provision under Off-Site Residential Sales in Model Home Complexes by adding a distance requirement, stating she would not want people to get the impression that the lots in one area will resemble lots in another.  Mr. Svoboda said the actual wording in the ordinance refers to temporary improvements and cosmetic improvements that have no affect on other properties and that meet building code would not fall under the intent of the ordinance.  He stated that with regard to off-site sales, it is difficult to come up with any kind of distance that would be other than arbitrary.  He suggested they allow it to be self-policing, stating most developers build a complex that reflects the character of the neighborhood they are developing.  He said if a developer is building in both north and south Avondale, chances are there would be enough differences between the character of the neighborhoods that a single sales complex would not be appropriate.

 

Mayor Drake asked for comments from the public, there being none Mayor Drake closed the public hearing on this item.

 

Andrew McGuire, City Attorney, read Ordinance 1066-04, by title only. 

 

Councilman Carroll agreed it would make sense to add a distance requirement for off-site sales.  Mr. Svoboda said, while the Council’s concern is valid, he believes the issue would be better addressed by the marketplace.

 

Vice Mayor Lynch suggested the second bullet under Item 6 be reworded to require the offsite sales office to be within proximity to the other subdivision.  Mr. Svoboda explained the term proximity is vague and essentially unenforceable.

 

Mayor Drake agreed with staff that the issue is best addressed by the developer.  He pointed out offsite sales have to cease once 97 percent of the homes at the host subdivision have been sold. 

                                                                                       

Council Member Shuey moved to adopt the ordinance.  Council Member Wolf seconded the motion. 

 

Councilman Carroll pointed out there are several county islands within Avondale’s city limits.  He asked if strip annexation areas would be considered part of Avondale’s city limits.  Mr. Svoboda explained the requirement would apply to any area within the incorporated areas of Avondale; however, county islands would be subject to the county’s ordinance, not the city’s.  He said nothing in the ordinance would prevent a homebuilder from encouraging potential homebuyers to look at other developments within or outside of the city limits.

 

Mayor Drake asked if a developer would be allowed to build a four home complex and use another model home complex for sales.  Mr. Svoboda said the intent is that the subdivision in which the model homes are located cease sales once 97 percent of the homes have been purchased.  He stated the only way to address all of the different variables that might arise would be to handle the issue through the Conditional Use Permit process.

 

ROLL CALL VOTE AS FOLLOWS:

 

Council Member Earp

Aye

Council Member Rogers

Aye

Council Member Shuey

Aye

Council Member Wolf

Aye

Council Member Carroll

Aye

Vice Mayor Lynch

Aye

Mayor Drake

Aye

 

Motion carried unanimously.

 

13)       RESOLUTION – AMENDING COUNCIL RULES AND PROCEDURES

 

            A resolution amending the Council Rules and Procedures by adding a new Section 18, Council Relations.

 

Charlie McClendon, City Manager, explained during the November 1, 2004 Council meeting, the City Council took formal action in support of a Council Relations Policy.  He stated staff was directed to bring back the policy in the form of a resolution, which, if approved, will be added to the City Council Rules of Procedure Manual. 

 

Mayor Drake asked if any changes or amendments were made to the policy.  Mr. McClendon stated the policy included in Council’s packet is exactly the same as that adopted by the Council on November 1.  Mayor Drake said he provided changes he felt should be incorporated, but unfortunately the Council has not had time to review the changes.

 

Vice Mayor Lynch said Council has worked on this issue for a month and it is unfair to be given a list of changes for consideration at the last minute.  Mayor Drake said it was simply a matter of timing.  Vice Mayor Lynch stressed that this information should have been provided sooner.  Mayor Drake stated that they were provided to Council at 6:00 p.m. tonight. 

 

Mayor Drake said he expressed his opinion at the last meeting that there is no reason to rush approval of the policy, but stated he would respect the will of the Council if they choose to proceed with the vote. 

 

Vice Mayor Lynch said it is unfair to expect the Council to review the list of changes while it is supposed to be hearing other cases.  Mayor Drake asked if she would like to postpone the vote to have time to review the changes.  Vice Mayor Lynch responded no.

 

Council Member Earp agreed with Vice Mayor Lynch, stating the Council decided at the last meeting to adopt the policy.

 

Mayor Drake explained his list of proposed changes was in response to a series of questions that arose after the item was completed.

 

Council Member Earp said he does not see any significant difference between the changes proposed by Mayor Drake and the policy that was adopted at the last meeting.

 

Councilman Carroll said the item passed by a vote of the Council and should be left at that.  He agreed it is unfair to submit changes at the last minute, especially on agenda items for which the Council is expected to take action. 

 

Mr. McClendon, City Manager, explained the majority of Council gave direction to bring the item back for formal adoption into the Council’s Rules and Procedures.  He said the Mayor’s suggested improvements were distributed only to give the Council an opportunity to discuss them if so desired.

 

Vice Mayor Lynch said the Council Members need to respect each other and information should be distributed in a manner that provides Council Members an opportunity to give the information due consideration.

 

Andrew McGuire, City Attorney, read Resolution 2458-04, by title only.  Vice Mayor Lynch moved to adopt the resolution.  Council Member Earp seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

 

 

 

Council Member Earp

Aye

Council Member Rogers

Aye

Council Member Shuey

Aye

Council Member Wolf

Aye

Council Member Carroll

Aye

Vice Mayor Lynch

Aye

Mayor Drake

Nay

 

Motion carried by a vote of 6 to 1.

 

14)       DISCUSSION ITEMS

 

No items were brought forward.

 

15)       ADJOURNMENT

There being no further business to come before the Council, Vice Mayor Lynch moved to adjourn.  Council Member Shuey seconded the motion.  Motion carried unanimously.

 

Meeting adjourned at 10:35 p.m.

 

 

                                                                                                                                                           

                                                                                                                        Mayor Drake

 

                                                           

            Linda M. Farris, CMC

            City Clerk

 

CERTIFICATION

 

I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Avondale held on the 15th day of November, 2004.  I further certify that the meeting was duly called and held and that the quorum was present.

 

                                                           

                        City Clerk