Minutes of the regular meeting
held August 7, 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
Jason Earp
ALSO
PRESENT
Charlie
McClendon, City Manager
Andrew
McGuire, City Attorney
Linda
Farris, City Clerk
Dean
Svoboda, Planning and Building Services Director
STATEMENT OF PARTICIPATION BY THE CITY CLERK
2) UNSCHEDULED PUBLIC
APPEARANCE
No
requests to speak were submitted.
3) CONSENT AGENDA
a. RESOLUTION 2584-806
– INTERGOVERNMENTAL AGREEMENT – MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION –
IMPROVEMENTS TO MC 85 BETWEEN 107TH AVENUE AND 91ST
AVENUE
An intergovernmental agreement with Maricopa County
Department of Transportation regarding improvements to MC 85 between 107th Avenue and 91st Avenue.
b. RESOLUTION 2585-806
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY DEPARTMENT OF
TRANSPORTATION
An intergovernmental
agreement with Maricopa County Department of Transportation relating to an
exchange of ownership and operation and maintenance responsibilities for
certain traffic signals.
c. RESOLUTION 2586-806
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY DEPARTMENT OF
TRANSPORTATION
An intergovernmental agreement with Maricopa County
Department of Transportation relating to the installation and maintenance of
fire preemption equipment and wireless communications equipment on certain
county-owned traffic signals.
d. RESOLUTION 2587-806 – INTERGOVERNMENTAL
AGREEMENT TO PROVIDE SECURITY AT THE ARIZONA SPORTS AND TOURISM AUTHORITY
STADIUM
An intergovernmental
agreement to provide security services for the Arizona Sports and Tourism
Authority Stadium in Glendale.
e. RESOLUTION 2588-806
– FIRE INSPECTOR POSITION – FIRE DEPARTMENT
A resolution authorizing
the creation of a full-time regular Fire Inspector position in the Fire Department.
f. ORDINANCE 1195-806
– DEDICATION OF ROADWAY EASEMENT – RETREAT AT WATERFORD SQUARE OFF-SITE
IMPROVEMENTS
An ordinance accepting
the dedication of a roadway easement related to the Retreat at Waterford Square
Subdivision.
g. AGREEMENTS –
SOUTHWEST AMBULANCE FOR EMS TRANSPORT SERVICES AND CONTRACT LABOR REIMBURSEMENT
Agreements with
Southwest ambulance to provide EMS transport services within the City of Avondale and to reimburse the City of Avondale for certain contract labor services.
h. AREA AGENCY ON AGING CONTRACT AMENDMENT
An amendment to the
FY2005-2006 Area Agency on Aging (AAA) contract in the amount of $8,000 to
refurbish the room used for senior programming in the Avondale Community Center.
i. SPECIAL EVENT LIQUOR LICENSE –
SOUTHWEST VALLEY REGIONAL YMCA – BOOTS N’ GARTERS
A request for a
special event liquor license from Mr. Gene de Manincor, Southwest Valley
Regional YMCA, 2919 North Litchfield Road, Goodyear, for a fundraiser dinner,
casino games, and dance to be held on October 28, 2006 from 6:00 p.m. through
1:00 a.m. at Estrella Vista Reception Center, 1471 North Eliseo C. Felix Jr.
Way.
j. RESCHEDULE
SEPTEMBER 4, 2006 COUNCIL MEETING
Reschedule the
September 4, 2006 Council meeting to Tuesday, September 5, 2006 in observance
of Labor Day and authorized the City Clerk to publish a notice of the meeting
date change.
k. AMENDMENT 1
– PROFESSIONAL SERVICES AGREEMENT – ORIDIAN CONSTRUCTION SERVICES, LLC –
CONSTRUCTION MANAGEMENT SERVICES AT THE NORTHEAST BOOSTER PUMP STATION, PHASE
II
Amendment 1 to the
Professional Services Agreement with Oridian Construction Services, LLC for construction
Management Services associated with construction of the Northeast Booster Pump
Station, Phase II, in an amount not to exceed $50,890 for a total contract
amount of $197,716 and authorized the Mayor or City Manager and City Clerk to
execute the necessary documents.
l. AMENDMENT 1
– CONSTRUCTION MANAGER AT RISK AGREEMENT – PIERSON CONSTRUCTION – 4TH
STREET WASTEWATER LIFT STATION IMPROVEMENTS AND BACKUP FORE MAIN PROJECT
Amendment 1 to the
Construction Manager at Risk Agreement with Pierson construction Corporation
for the 4th Street Wastewater Lift Station Improvements and Backup
Force Main project in an amount not to exceed $608,768.
m. APPROVAL
OF MINUTES
·
Regular meeting of July 17, 2006
·
Work session of July 17, 2006
n. MEMORANDUM OF UNDERSTANDING – WEST VALLEY ARTS COUNCIL FOR THE 2006 GALLERY 37 PROJECT
A Memorandum of Understanding to allow staff to
install the 2006 Gallery 37 Project in front of the Civic Center Library.
Andrew
McGuire, City Attorney, read resolutions 2584-806, 2585-806, 2586-806,
2587-806, and 2588-806 and ordinance 1195-806 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:
|
Council Member Earp
|
Aye
|
|
Council Member Scott
|
|
|
Council Member Buster
|
Aye
|
|
Mayor Lopez-Rogers
|
Aye
|
|
|
Aye
|
|
Council Member Lynch
|
Aye
|
|
Council Member Weise
|
Aye
|
Motion
carried unanimously.
4) APPOINTMENTS TO THE CIP COMMITTEE, LIBRARY
ADVISORY BOARD, PARKS AND RECREATION ADVISORY BOARD, NEIGHBORHOOD AND FAMILY
SERVICES COMMISSION, AND SOCIAL SERVICES ADVISORY BOARD
Mayor
Lopez-Rogers thanked Vice Mayor Wolf and Council Members Lynch and Scott for
their service on the subcommittee.
Council
Member Lynch recognized citizens recommended for appointment to the various
Boards and Commissions.
Vice Mayor
Wolf moved to approve the appointments. Council Member Lynch seconded the
motion. Motion carried unanimously.
5) PUBLIC HEARING – CONDITIONAL USE PERMIT – FRY’S FUEL CENTER – CU-05-08
A request from Fry’s Food
Stores of Arizona for a Conditional Use Permit for a fuel station in the PAD
(Planned Area Development) zoning district. This is .45 acres located east of
the southeast corner of Avondale Boulevard and Buckeye Road.
Dean Svoboda,
Planning and Building Services Director, explained the subject property is
located east of the southeast corner of Avondale Boulevard and Buckeye Road. He said the property is located within the Durango Park PAD, which was approved
by Council in 1999. The PAD designates the 17 acres at the southeast corner of
Avondale Boulevard and Buckeye Road as commercial and allows C-2 (Community
Commercial) uses.
He added this
is within the Avondale Fiesta Plaza site plan which was approved by City
Council on February 18, 2003. He stated that the Council approved an amendment
to the site plan in May 2003 and this is the last undeveloped pad in the
center. He stated that staff is currently reviewing the plan for the proposed
facility.
Mr. Svoboda stated
proposed Fry’s Fuel Center is located on Pad C. He added the conditional use
permit is required prior to site plan approval for the fuel center.
He explained
the applicant is requesting conditional use permit approval to operate a fuel
station. The proposed 3,956 square foot canopy will accommodate five fuel
pumps. A 112 square foot cashier’s kiosk will be located adjacent to the south
edge of the canopy. An air and water dispensing station and telephone kiosk is
proposed adjacent to Buckeye road. The fuel station is designed to provide
fuel services for private passenger type vehicles only. There will be no semi
truck fueling service on this site.
Mr. Svoboda stated there are five
findings which must be met for this conditional use permit and staff believes
these have been met. He stated the Planning Commission reviewed this case on
June 15, 2006, and recommended approval subject to the three following stipulations:
Mr. Svoboda
stated that staff is in agreement with stipulations one and two and requests
that stipulation three be removed.
Mayor
Lopez-Rogers opened the meeting for public comment on this item. No comments
were received and the public hearing was closed.
Council and
Staff discussed the traffic circulation exiting the fuel station and the
revised elevations.
Mr. Svoboda
displayed the original elevations and described the proposed changes.
Council
expressed concern that the screening is insufficient and the pumps are not
properly screened.
Mr. Svoboda
explained the canopy will be set back from Buckeye Road. He said the existing
three foot screen wall would remain. However, with construction of the fueling
station, a four foot screen wall would be added where the water and air
dispenser is to be located. He added is it difficult to screen a fueling
station as there are open air requirements and various fire code requirements.
Council
continued to express concern regarding the elevation and suggested the
applicant revise the design to screen the pumps from view from the main road.
Elizabeth
Ohep, Tait and Associates, Inc., attending on behalf of Fry’s Food Stores of
Arizona,
stated the
proposal is the preferred style for Fry’s. However, she stated she could
return to the client to revisit this issue.
Council
clarified that this public hearing is for the CUP and that their concern can be
handled administratively. Mr. Svoboda stated that staff will work with the
applicant to achieve a better elevation.
Mayor Rogers
closed the public hearing.
Vice Mayor
Wolf moved to approve this item subject to two stipulations presented by staff.
Council Member Weise seconded the motion.
Mr. Svoboda
clarified that this site plan will come back to Council as an information item
prior to staff granting administrative approval to the site plan so Council can
be comfortable with the elevation.
ROLL CALL VOTE AS FOLLOWS:
|
Council Member Earp
|
Aye
|
|
Council Member Scott
|
|
|
Council Member Buster
|
Aye
|
|
Mayor Lopez-Rogers
|
Aye
|
|
|
Aye
|
|
Council Member Lynch
|
Aye
|
|
Council Member Weise
|
Aye
|
Motion
carried unanimously.
6) PUBLIC HEARING – CONDITIONAL USE PERMIT – LPSCO
WATER RESERVOIR AND TREATMENT FACILITY
A request from Litchfield Park Service Company
for a Conditional Use Permit for a private water company reservoir, pump
station, and treatment facility in the PAD (Planned Area Development) zoning
district. This is 4.06 acres located on the southeast corner of Dysart Road and Indian School Road.
Dean Svoboda,
Planning and Building Services Director, explained the subject property is
located at the southeast corner of Dysart Road and Indian School Road. The subject
property is located within the Palm Valley PAD which was approved by the City
Council in 1994. The PAD allows C-2 (Community Commercial) uses at this
location. Private water company facilities are permitted subject to
conditional use permit approval. He explained the surrounding uses.
Mr. Svoboda
said a private water company storage reservoir and pump station was constructed
on the site sometime in the 1960’s prior to annexation. It is currently a
nonconforming use. Approval of this conditional use permit will make the
existing facility conforming and allow the site to be expanded 50 feet to the
south.
Mr. Svoboda
said equipment for arsenic treatment is currently being added on the existing
site to comply with federal mandates. Construction plans for these
improvements were approved by city staff on November 7, 2005. LPSCO
subsequently decided to expand the site to include the additional property they
owned to the south, thus requiring the conditional use permit for construction.
The applicant
has agreed to provide full landscaping with trees along the north and west
perimeters, a top coat along the berm of decomposed granite, an 8 foot high
block wall will be constructed along the south property line and wrap the west
and east perimeters. The applicant has expressed his willingness to make these
as well as other improvements.
Mr. Svoboda
stated that there are five findings that are required for this conditional use
permit and staff believes they have been met. He stated the Planning Commission
voted to approve this request on July 20, 2006 subject to nine stipulations. He
stated most of the stipulations are clarifications and staff is in agreement
with the recommended stipulations as follows.
1. The
development of the site shall conform to the site plan and landscape plan date
stamped May 31, 2006 and the project narrative dated May 31, 2006.
2. In
accordance with Section 108 of the Zoning Ordinance, the Conditional Use Permit
shall expire within two years from the date of approval if the use has not
commenced.
3. Final
landscape plans shall be reviewed and approved by city staff prior to
construction of the wall or other perimeter improvements.
4. Trees
along the south perimeter shall not be mesquites. These trees shall have a
minimum size of 36-inch box, be evergreen, and have a growth rate, mature
height, and canopy consistent with the objective of effectively screening the
site from offsite views as determined at the time of final landscape plan
approval.
5. Trees
outside of the right-of-way along the western and northern boundaries of the
site shall be a 50 / 50 mix of 24-inch box and 36-inch box. A species other
than mesquite shall be used as determined at the time of final landscape plan
approval.
6. The
materials, design and color of the perimeter wall shall be upgraded to be
consistent with the desired character for the area as determined at the time of
final landscape plan approval.
7. The
main entrance gate shall be designed and constructed to provide effective
screening from Dysart Road and complement the perimeter wall as determined at
the time of final landscape plan approval.
8. The
existing berm shall be top coated with decomposed granite to provide a total
minimum depth of two inches. The size and color of material shall be determined
at the time of final landscape plan approval.
9. Perimeter
street improvements and additional right-of-way dedication shall be provided as
described in the letter from Larry Hanson dated March 27th, 2006.
(Exhibit G)
Mayor
Lopez-Rogers opened the meeting for public comment on this item.
Council expressed
that the landscaping along Indian School Road should be consistent with the nearby
storage facility except for the acacia
trees. Council also discussed some other issues with the colors of the block
walls and stone cover.
No comments
were received and the public hearing was closed.
Vice Mayor
Wolf moved to approve this item subject to nine stipulations. Council Member
Lynch seconded the motion.
ROLL CALL VOTE AS FOLLOWS:
|
Council Member Earp
|
Aye
|
|
Council Member Scott
|
|
|
Council Member Buster
|
Aye
|
|
Mayor Lopez-Rogers
|
Aye
|
|
|
Aye
|
|
Council Member Lynch
|
Aye
|
|
Council Member Weise
|
Aye
|
Motion
carried unanimously.
7) PUBLIC HEARING – CONDITIONAL USE PERMIT – SOUL PHYSIQUE
MASSAGE THERAPY
A request for Les and
Rebecca Johnson for a Conditional Use Permit for massage therapy in the C-2
(Community Commercial) zoning district. This is 2,000 square feet of tenant
space located at the Desert Vista Professional Center, 13026 West Rancho Santa
Fe Boulevard.
Dean Svoboda,
Planning and Building Services Director, explained that this proposed use will
be located at the Desert Vista Professional Center, which is at 13026 West Rancho Santa Fe Boulevard. The site plan for this center was approved in 2004.
There will be a remaining 3,000 square feet to be leased. He described the
surrounding uses and businesses. Business hours will be opened from 9am to 6pm
Monday through Saturday and 9am to 4pm on Saturday. The floor plans consists
of the reception and office areas, five therapy rooms, a break room, a file
room, and two storage areas, a lobby, and restrooms.
Mr. Svoboda
stated that staff and the Planning Commission believes the five findings have
been met and the use is consistent with the surrounding sues. The Planning
Commission recommended approval of this permit on June 20, 2006 subject to two routine
stipulations as follows:
1.
The development of the site shall conform to the floor plan date
stamped May 24, 2006 and the project narrative dated May 24, 2006.
2.
In accordance with Section 108 of the Zoning Ordinance, the Conditional
Use Permit shall expire within two years from the date of approval if the use
has not commenced.
Mayor
Lopez-Rogers opened the meeting for public comment on this item. No comments
were received and Mayor Rogers closed the public hearing.
Vice Mayor Wolf moved to approve
this item subject to the two stipulations. Council Member Lynch seconded the
motion. ROLL CALL VOTE AS FOLLOWS:
|
Council Member Earp
|
Aye
|
|
Council Member Scott
|
|
|
Council Member Buster
|
Aye
|
|
Mayor Lopez-Rogers
|
Aye
|
|
|
Aye
|
|
Council Member Lynch
|
Aye
|
|
Council Member Weise
|
Aye
|
Motion
carried unanimously.
8) DISCUSSION ITEMS
There were no items for discussion.
9) 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 with the City’s
attorney in order to consider its position and instruct the City’s attorney
regarding the council’s position regarding pending economic development
agreements; and 9ii) ARIZ. REV. STAT. § 38-431.03 (A)(3) for discussion and
consultation for legal advice with the city attorney regarding property
maintenance enforcement issues. Council Member Lynch seconded the motion.
ADJOURNMENT
There
being no further business to come before the Council, xxxxxxxxx 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 10th day of July, 2006. I further certify that the
meeting was duly called and held and that the quorum was present.
City
Clerk