Minutes of the regular meeting held July 10, 2006 at 7:00 p.m. in the Council Chambers.

Members Present

Mayor Lopez-Rogers and Council Members                             Chuck Wolf, Vice Mayor

                                                                                                Jim Buster

                                                                                                Betty Lynch

                                                                                                Frank Scott

                                                                                                Ken Weise

EXCUSED                                                                              Jason Earp

ALSO PRESENT

Charlie McClendon, City Manager

Andrew McGuire, City Attorney

Rob Emmett, Utilities Director

Linda Farris, City Clerk

STATEMENT BY CITY CLERK

2)         RECOGNITION ITEMS (MAYOR PRESENTATIONS)

b.         RESOLUTION 2580-706 – HONORING MARY ELLEN CARR – RETIREMENT

Mayor Lopez-Rogers read Resolution 2580-706 honoring Mary Ellen Carr for 20 years of dedicated service to the City of Avondale.

Vice Mayor Wolf moved to adopt Resolution 2580-706.  Council Member Weise seconded the motion. 

ROLL CALL VOTE AS FOLLOWS:

Motion carried unanimously.

Mayor Lopez-Rogers recognized Ms. Carr in the audience and thanked her for her dedication to the City.

a.         RESOLUTION 2579-706 – HONORING MYRNA WATSON – RETIREMENT

Mayor Lopez-Rogers read Resolution 2579-706 by title only.

Vice Mayor Wolf moved to adopt Resolution 2579-706.  Council Member Weise seconded the motion. 

ROLL CALL VOTE AS FOLLOWS:

Motion carried unanimously.

Mayor Lopez-Rogers thanked Ms. Watson for her years of service to the city.

3)         UNSCHEDULED PUBLIC APPEARANCE

No requests to speak were submitted.

4)         CONSENT AGENDA

a.   RESOLUTION 2577-706 AUTHORIZING THE ENGINEERING DEPARTMENT TO SUBMIT A TRANSPORTATION ENHANCEMENT FUNDS GRANT APPLICATION FOR PEDESTRIAN SAFETY EDUCATION PROGRAM

A resolution authorizing the submittal of a $12,000 grant for the City of Avondale Pedestrian Safety Education Program, through the Arizona Transportation Enhancement Program.

b.   RESOLUTION 2578-706 AUTHORIZING THE ENGINEERING DEPARTMENT TO SUBMIT A TRANSPORTATION ENHANCEMENT FUNDS GRANT APPLICATION FOR AGUA FRIA RIVER CONNECTOR TRAIL PHASE II

A resolution authorizing the submittal of a $500,000 grant for the City of Avondale Agua Fria Connector Trail Phase II Project, through the Arizona Transportation Enhancement Program.

c.   RESOLUTION 2582-706 SETTING THE PROPERTY TAX LEVY FOR FISCAL YEAR 2006-2007

A resolution setting the property tax levy for fiscal year 2006-2007, in the amount of $4,389,750.

d.   ORDINANCE 1194-706 GRANTING A POWER DISTRIBUTION EASEMENT TO SRP FOR THE NORTHEAST BOOSTER STATION – GARDEN LAKES FACILITY

An ordinance granting Salt River Project (SRP) a power distribution easement within the Northeast Booster Pump Station site, and authorizing the Mayor and City Clerk to execute the necessary documents.

e.   RESOLUTION 2581-706 - FY 2006-2007 ARIZONA DEPARTMENT OF PUBLIC SAFETY VICTIMS OF CRIME ACT GRANT

A resolution authorizing the acceptance of the Arizona Department of Public Safety Victims Of Crime Act grant award for $52,766 with a city match requirement of $13,192.

f.    PURCHASE OF CRACK SEALER 125 GALLON MELTER APPLICATOR WITH PUMP

Purchase of one 125 gallon melter applicator, commonly known as a crack sealer machine, from Crafco, Inc. in the amount of $52,913.41.

g.   CHANGE ORDER 1 - STANDARD CONSTRUCTION COMPANY INC. - CENTRAL AVENUE WATER LINE IMPROVEMENT PROJECT

Change Order 1 to the construction contract with Standard Construction Company, Inc. for the Central Avenue Water Line Improvement Project in the amount of $308,996.89, and authorize the Mayor or City Manager and City Clerk to execute the necessary documents.

h.   CHANGE ORDER 1 - THE WEBER GROUP - ON-SITE SODIUM HYPOCHLORITE GENERATION

Change Order 1 to the On-site Sodium Hypochlorite Generation Construction Contract with the Weber Group, L.C. for the rehabilitation of the west reservoir interior at Rancho Santa Fe Booster Station for an amount not to exceed $79,165 for a revised contract amount of $702,270 and authorize the Mayor or City Manager and the City Clerk to execute the necessary documents.

i.    AMENDMENT 2 - PROFESSIONAL SERVICES AGREEMENT - ROTHBERG, TAMBURINI, AND WINSOR INC. - 4TH STREET WASTEWATER LIFT STATION IMPROVEMENTS

Amendment 2 to the professional services agreement with Rothberg, Tamburini, and Winsor Inc. (RTW) to provide additional design services for the South 4th Street Wastewater Lift Station Improvements in an amount not to exceed $74,882 for a revised total contract amount of $434,490, and authorize the Mayor or City Manager and City Clerk to execute the necessary documents.

j.    PURCHASE OF POLICE RADIOS - 800 MHZ RADIO SYSTEM

The purchase of 150 police radios (800 MHZ) from Motorola in the amount of $594,111.98 as part of the IGA between the City of Avondale and Maricopa County to add Avondale Police radio communications to the county’s current radio system.

k.   LIQUOR LICENSE - FRY’S FOOD & DRUG

A request by Mr. Stephen McKinney, for a Series 9 Off-Sale Retailer’s license to sell all spirituous liquors at Fry’s Food & Drug, 11425 West Buckeye Road.

l.    LIQUOR LICENSE - DON RAFA TAQUERIA

A request by Ms. Maria De La Luz Gomez, for a Series 16 (State Series12) Restaurant license to sell all spirituous liquors at Don Rafa Taqueria, 1467 North Dysart Road.

m.  APPROVAL OF MINUTES

• Regular Meeting of June 19, 2006

• Special Meeting of June 19, 2006

• Work Session of June 19, 2006

n.   CONFIRMATION OF MAYOR’S APPOINTMENT TO COUNCIL SUBCOMMITTEE

Confirmation of the appointment of Council Member Frank Scott to the Council Subcommittee for Boards, Commissions and Committees.

Andrew McGuire, City Attorney, read Resolutions 2577-706, 2578-706, 2582-706, and 2581-706 and Ordinance 1194-706 by title only.  Council Member Lynch moved to adopt the Resolutions and Ordinance and approve the Consent Agenda.  Vice Mayor Wolf seconded the motion. 

ROLL CALL VOTE AS FOLLOWS:

Motion carried unanimously.

5)         PROFESSIONAL SERVICES AGREEMENT - DAMON S. WILLIAMS ASSOCIATES, LLC - FINAL DESIGN AND CONSTRUCTION ADMINISTRATION OF THE WATER RECLAMATION FACILITY EXPANSION, PHASE 1

A professional services agreement with Damon S. Williams Associates, LLC to provide the final design and construction administration services for the Water Reclamation Facility Expansion, Phase 1 with a not-to-exceed amount of $5,493,817 and authorize the Mayor or City Manager and City Clerk to execute the contract document.

Rob Emmett, Utilities Director, explained this item.

Mr. Emmett said staff recommends that the City Council enter into a Professional Services Agreement with Damon S. Williams Associates, LLC to provide the final design and construction administration services for the Water Reclamation Facility Expansion, Phase 1 with a not-to-exceed amount of $5,493,817 and authorize the Mayor or City Manager and City Clerk to execute the contract document.

Council discussed the city’s average and peak flows, the elimination of the cogeneration facility.    

the reduction in the number of tertiary disc filters,  the elimination of the redundant odor control unit, the potential elimination of the chemical handling facility canopy, curb appeal of the facility and the removal of the digester from the first phase. .

Vice Mayor Wolf moved to approve the contract.  Council Member Weise seconded the motion. 

ROLL CALL VOTE AS FOLLOWS:

Motion carried unanimously.

6)         EXECUTIVE SESSION

Vice Mayor Wolf moved to adjourn into executive session pursuant to (i) ARIZ. REV. STAT. § 38-431.03 (A)(3) for discussion or consultation for legal advice with the City Attorney regarding Council communications and (ii) ARIZ. REV. STAT. § 38-431.03 (A)(4) for discussion or consultation with the City’s attorney in order to consider its position and instruct the City’s attorney regarding the council’s position regarding (a) participating in an amicus brief - Town of Gilbert v. Maricopa County Board of Supervisors, et al, (b) a possible intergovernmental agreement with the city of Litchfield Park relating to fire services and (c) the periodic evaluation of the on-going engagement for City Attorney services.  Council Member Weise seconded the motion and the motion passed unanimously.

ADJOURNMENT

There being no further business to come before the Council, Vice Mayorxxxxx moved to adjourn.  Council Memberxxxxx seconded the motion.  Motion carried unanimously.

Meeting adjourned at xxxxp.m.

                                                                                                                        Mayor Lopez-Rogers

            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 10^th day of July, 2006.  I further certify that the meeting was duly called and held and that the quorum was present.

                                    City Clerk