l. RESOLUTION - SALT RIVER PROJECT - EASEMENTS
A resolution granting three power easements to SRP
within city right of way. The easements requested will parallel the south side
of Thomas Road adjacent to the Crystal Gardens and Upland Park subdivision and
also parallel the west side of 107th Avenue adjacent to Upland
Park.
Paul Adams, City Manager,
asked that items a, b, & e be removed from consent; a) at the request of
the applicant, b) at the request of Planning and e) at the request of the
applicant.
Item l) Council Member Lynch
asked if there were any trees or anything else in the way of this easement.
Mr. Adams stated that there
is no vegetation along 107th at all.
Ben Miranda read the
resolutions by title for items # g, h, i, j, k, & l.
Council Member Lynch moved to
pull a, b, & e from the consent agenda. Council Member Shuey seconded the
motion.
Council Member Lynch moved to
adopt the resolutions and ordinances for items g,h.i.j.k.l. Vice Mayor Rogers
seconded the motion.
Council Member Lynch moved that items c, d & f be
approved on consent. Vice Mayor Rogers seconded the motion.
ROLL
CALL VOTE AS FOLLOWS:
Council Member Jones Aye
Council Member Karlin Aye
Council Member Shuey Aye
Council Member Lynch Aye
Councilman Carroll Aye
Vice Mayor Rogers Aye
Mayor Drake Aye
SCHEDULED
PUBLIC APPEARANCE
6)
UPDATE OF FEDERAL AND STATE
LEGISLATIVE ISSUES AND LOBBYING EFFORTS
Debbie
Kohn and Ron Ober updated the council on federal and state legislative issues
and lobbying efforts.
Debbie
Kohn introduced Ron Ober of Policy
Development Group and Parry, Romani and DeConcini.
Mr.
Ober updated the Council on federal and state legislative issues and lobbying
efforts as follows:
§
INTERNET TAXATION/E-COMMERCE
No consensus on Advisory
Commission
No Congressional action
anticipated
Moratorium still in effect
Councilman Carroll asked
about the E-Commerce issue.
Mr. Ober explained that there
was no action by the Senate.
Councilman Carroll asked why
Senator McCain had such a problem with the city on E-Commerce taxation.
Mr. Ober stated he would not
want to speculate on that. He stated if appropriate he would request a public
statement on behalf of the City of Avondale, from Senator McCain’s office
regarding that issue and present that as an official position.
§
FIREFIGHTER INVESTMENT ACT
Bill stalled due to funding
concerns
§
SSBG FUNDING CUTS
Restoration of funding unlikely
§
CDBG SET ASIDES
Oppose set-aside off the top
Reduces funding for intended
recipients
§
POST OFFICE ISSUES
Indian School Rd. zip code change
approved
Monitor Avondale post office –
current and future services and facilities
§
FEDERAL APPROPRIATIONS REQUESTS
RPTA transit DOT discretionary
request
Includes 1 bus for
Avondale
Pastor sponsored this
request
Ms.
Kohn stated that the City had worked on the zip code change for Indian School Road for more than two years and that change was approved and is to go into
effect July 3, 2000. She stated they are still waiting on written confirmation
and that a copy of that letter would be sent to all effected business owners.
Ms.
Kohn stated the other issue was regarding the RPTA Transit Funding
discretionary request. She stated that Congressman Pastor was able to get $24
million earmarked for the RPTA and 5307 funds would contain one bus for
Avondale in addition to any other buses Avondale would receive through STP or
5309 funding.
East Avondale water improvements
$3 million as bill/report
language
Add and replace water
lines, valves, fire hydrants (Phase 1)
§
WETLANDS WATER RECHARGE EXPANSION
$1.2 million as bill/report
language
Design and construction of Phase
11
Pastor and Stump support Wetlands
request
§
LAW ENFORCEMENT
Assisted with COPS Universal
Hiring Grant
Avondale received 6 officers for 3
years ($450,000 value)
§
SEWER INTERCEPTOR FUNDING
Assisted with processing funding
application
RECOMMENDATIONS
FOR FEDERAL ISSUES
- Follow up on grant opportunities and appropriation
requests
- Monitor internet taxation/E-Commerce
- Monitor Telecommunication court cases/rulings
- Consider submitting NLC resolutions
- Review post office issues in six months
STATE/REGIONAL ISSUES
§
KAIZU PARK
Coordinated efforts to complete
land sale
§
ADOT MAINTENANCE YARD
Facilitated August 1999 meeting
§
REGIONAL LIBRARY
Work with County on acceptable
site
Could be EMCC
§
115TH AVENUE RECONSTRUCTION
Identify ADOT loan program (SIB)
Work with staff/County
§
INCOME TAX INITIATIVE
Proposes elimination of state
income tax\
November 2000 Ballot
§
SISTER CITY IN MEXICO
Work with Mayor and staff on
potential cities
Waiting on information from
AZ-Mexico Commission
RECOMMENDATIONS FOR STATE/REGIONAL ISSUES
§
Set up working group for ADOT maintenance yard project
§
Continue work with County on placement of future regional library
§
Work with ADOT/County/staff on 115th Avenue
reconstruction funding
§
Pursue Sister City in Mexico
§
Work with staff on site/funding for training/shooting range
§
AZ League presentation on income tax intiative
Mr. Ober suggested the City
invite Supervisor Mary Rose Wilcox or county staff to address the Council in a
study session to report on the regional library issue.
Council Member Lynch stated
that she would like to see this meeting scheduled quickly. She stated that she
knows that our neighbors are moving on it quickly that she would like to move
first.
Mr. Adams stated that it was
scheduled for the June 12th workshop.
Mr. Ober continued by
explaining that the income tax initiative was one issue the City really needs
to follow. He stated there is no question that the cities are going to take a
big hit and will have to find other revenue sources to fund services or will
have to cut services.
Mayor Drake asked if this was
eliminated would this be a case where the City would have to raise property
taxes.
Mr. Ober stated yes or a
higher city sales tax. He stated that cities are one of the areas targeted in
State shared revenues where the state would look to cut. He stated the people
in every city need to go down to the legislature and complain. Mr. Ober stated
that it was important that citizens are educated by the Mayor, Council and
staff regarding this issue.
Mayor Drake asked Mr. Adams
what they needed to do to get the citizens involved in this.
Mr. Adams stated that a
workshop with the League of Cities is scheduled on July 10th to
receive advice on what can be done legally with regards to this issue. He
stated at that time the Council could advise staff of what they would like to
do.
STATE
LEGISLATIVE SESSION REPORT
- FIREARMS (HB2095) – PASSED
Cities can impose tax, limit
possession in parks, regulate employees and contractors
Most authority retained by state
Mesa amendment failed; good start
on this issue
- WORKFORCE TRAINING (HB2262) – PASSED
Establishes AZ job training program
Includes funding via tax on wages
Training for new and incumbent
workers
- LOBBYIST (GIFT BAN) (HB2554) – PASSED
As amended: prohibits City elected,
appointed officials from accepting sports and cultural event gifts
Needs municipal attorney
interpretation
- MUNICIPAL TAX CODE COMMISSION (SB 1513) – PASSED
Continues commission
Preserves local sales tax base
- PROPERTY, SALE OF BY CITIES (HB2474) – PASSED
Increased assessed value of
property that can be sold without special election from $100K to $500K (subject
to City Charter)
- PROPERTY TAX LIMIT (HCR 2032) – NEVER MADE IT TO THE FLOOR
Would have frozen residential
property tax limits
Would have required voter approval
to raise tax levy from previous year
- STREETS AND HIGHWAYS DEBT LIMIT (SCR 1020) – RAN OUT OF
TIME IN THE SENATE
Nov. 2000 ballot measure
Raises debt limit for streets,
highways, bridges to 20%
Avondale legislative issue
- TAX CREDITS (HB 2451) – PASSED
Gives income tax credit for
donation of property for school sites
- TELECOMMUNICATIONS (HB 2334) – PASSED
Striker, as amended:
Authorizes licensing requirements
and fees for interstate and intrastate providers
Limit recovery costs for street
cuts-reasonable and sets up study groups on this issue
Other changes affect in-kind
agreements, franchise agreements
Ms. Kohn updated the Council
on issues that were pending action at the time of the initial report. She
addressed Group Homes and stated that the City of Mesa had made some headway on
this issue. She stated they would try again next year with a stronger
amendment that would allow cities to be more involved with group homes.
Ms. Kohn addressed the gift
ban stating that originally it had something to do with lobbying and was
amended to prohibit city officials from accepting certain items such as tickets
to the races or anything sports or cultural related with certain very specific
exceptions. She stated the League strongly recommended that the City Attorney
review this so that they comply. Ms. Kohn stated that would be effective the
end of December.
Mr. Ober explained that one
exception would be that if someone invited everyone on the Council and not just
one or two that it might then be acceptable.
STATE LEGISLATURE
SUMMARY
§
Cities/Towns under attack
§
Preemption of local control
§
State shared and local tax revenues in question
§
Most Avondale legislators supportive of municipal concerns
STATE
LEGISLATURE RECOMMENDATIONS
- Educate legislative candidates now
- Establish formal Avondale position on key principles
- Develop League resolutions
- Develop Avondale 2001 legislative agenda
- Prepare now for potential future tax revenue cuts (SSR and
Local)
Council Member Shuey stated
that he believed that the League of Arizona Cities and Towns has a brochure
that indicates how legislators voted on municipal issues. He asked staff to
obtain a copy of that for each member of the Council. He explained that he was
surprised to see who supported the cities on different issues.
Ms. Kohn stated that she did
have a copy of that and cautioned that some charts are misleading because it
was only on certain issues and key points. She stated in some cases, where
things were going to be harmful to the cities, it could be stopped before it came
to a vote through the efforts of various legislators.
Mr. Ober offered answers to
specific questions regarding specific representatives and issues.
Council Member Shuey thanked
him for that offer and stated he would get with him later regarding a couple of
issues.
Council Member Lynch stated
that a meeting with Goodyear was coming up in July or August and she stated she
would like to come up with key principles and legislative positions they could
work on together. She asked staff to add that to the agenda for the joint
meeting.
Mayor Drake thanked Mr. Ober and Ms. Kohn.
5b.
REQUEST FOR CONTINUANCE - ZONING CASE Z00-001A - POLLACK/RAMRAS COMPANIES
Request
for a continuance of zoning case Z00-001A, a request for General Plan amendment
and rezoning of approximately 126 acres located at the northeast corner of 115th
Avenue and Buckeye Road until June 19, 2000.
Mr. Adams stated that the
original request was for a continuance until June 19th. He asked
that it be changed to indefinitely as staff had not heard from the developer.
Council Member Lynch moved to
postpone Zoning Case Z00-001A indefinitely. Vice Mayor Rogers seconded the
motion. Motion carried unanimously.
5e.
ZONING CASE Z98-316C - FINAL PLAT APPROVAL - PALMILLA APARTMENTS
Request
for final plat approval for Palmilla Apartments located at the southeast corner
of McDowell Road and Rancho Santa Fe Boulevard.
Felipe Zubia, Senior Planner,
addressed the Council regarding this item. He explained that stipulations #2
and 3 have already been addressed. He stated the certificate of occupancy had
already been issued. He stated item #3 dealing with the requirement for
providing for a cost share to the improvements of McDowell Road and Rancho
Santa Fe Boulevard was covered in a development agreement entered into in March
of 1999.
Mr. Zubia explained that the
former assistant director of what used to be public works has worked out an
amount and the applicant has indicated that they would pay the amount agreed
to.
Council Member Lynch asked if
the Council had the ability to state that final plats be approved before
construction begins.
Mr. Zubia answered that they
would want to do that at the preliminary plat stage. He stated they could add
the stipulation that prior to construction a final plat shall be approved and
recorded. Mr. Zubia stated that if someone had a duplex and they wanted to
plat it and sell off each unit as a separate parcel that technically that would
happen after the unit was constructed. He stated that Council would not want
to create an ordinance prohibiting them from doing that but that a situation
like this could be caught at the preliminary plat stage.
Council Member Lynch stated
that was her concern, to catch things like this up front because they could
have something more serious that might be missed after the fact.
Mr. Zubia stated that in this
particular instance this complex is already on an individual parcel. He stated
the purpose for the final plat is to dedicate right-of-way and public easements
for the purpose of water and utilities.
Council Member Lynch asked
what his recommendation for final plats was for the future.
Mr. Zubia suggested that a
stipulation be attached in the preliminary plat stating that prior to the
building permit being issued the final plat be recorded.
Council Member Lynch asked
that Mr. Zubia see that takes place in the future.
Vice Mayor Rogers moved to
approve Zoning Case Z98-316-C striking stipulations # 2&3. Council Member
Karlin seconded the motion.
Council Member Lynch stated
she was not opposed but wanted to insure that before the final plat is approved
that the payment is received by the City.
Mr. Zubia stated he would
amend the third stipulation to read that.
Vice Mayor Rogers moved to
rescind her previous motion. Council Member Lynch seconded the motion. Motion
carried unanimously.
Council Member Lynch moved to
approve the final plat for Zoning Case Z98-316-C pending payment to City of
fees owed and removing stipulations # 2 and 3. Vice Mayor Rogers seconded the
motion. Motion carried unanimously.
PERSONNEL
ISSUES
7)
CITY MANAGER RECRUITMENT
REPORT
Mr.
Adams, on behalf of The Mercer Group, Inc. and Mr. Ray Bladine, addressed the
Council. He stated the City has received the report from The Mercer Group
regarding the City Manager recruitment process and he stated that Council
Member Lynch would be giving that report.
Mayor
Drake stated that Council Member Shuey would remove himself at this time due to
his perceived conflict as an employee of the City of Glendale and the fact that
one of the candidates is also from the City of Glendale.
Council
Member Lynch reminded the Council that they had before them a revised schedule
for June 8th and 9th because one applicant withdrew.
Council
Member Lynch stated that there were sections of the book that were
semi-confidential in that if released there are local candidates who might have
priority information that would allow them to have better answers to questions
during the interview process. She asked that the press please hold that
information confidential and not release it. She referred any questions
concerning that to the City Manager.
Council
Member Lynch listed the candidates as: Gary R. Brown, Tim Ernster, Scott K.
Schrader, David Stahl, and Richard Torrez. She briefed the Council on the
schedule for June 8th and 9th that included public
input, interviews, focus groups and executive sessions.
Council
Member Lynch stated that the hope was that on Friday there would be two
candidates selected from the pool and then on Friday evening they would make a
decision about how to proceed.
Mayor
Drake and Council Member Lynch discussed and agreed that the information in the
book was public information and available to citizens but they were requesting
that it not be published as a courtesy.
Council Member Lynch thanked
Mr. Adams and Mr. Bladine. She stated they put a lot of time and effort into
this project.
8)
REQUEST FOR SPECIAL MEETING
AND MOTION TO CALL AN EXECUTIVE SESSION
A
request for the Council to schedule special meetings for June 8th
and 9th, 2000 to participate in the City Manager recruitment
process. In accordance with ARS 38-431.03 Council will also consider a motion
to hold an executive session on June 8th and 9th, 2000
for the purpose of interviewing candidates for the position of City Manager.
Mr. Adams addressed the
Council. He stated that the hand out for the candidate interview schedule
needed to be disregarded. He stated the revised handout prior to the meeting
had the corrected schedule and sequence of interviews for the candidates.
Mr. Adams briefly highlighted
the schedule and stated that it would be adhered to as closely as possible. He
asked the Council for a motion to hold the council meetings and executive
sessions.
Mayor Drake asked if this
schedule was available for the public.
Mr. Adams stated some copies
would be made available by the end of the meeting and copies would be available
at City Hall.
Council Member Lynch moved to
hold special and executive session meetings on the 8th & 9th
per the schedule. Councilman Carroll seconded the motion. Motion carried
unanimously.
LAND
DEVELOPMENT ISSUES
9) HABITAT FOR HUMANITY REQUEST FOR FEE
WAIVER AND REIMBURSEMENT
A
request from Habitat for Humanity for the reimbursement of $2,746.00 for
properties on Dee Street.
John Fellerer, Executive
Director of Habitat for Humanity of the West Valley, addressed the Council
regarding this request. He stated they work in the communities of Avondale,
Goodyear, El Mirage, Surprise, Peoria, Tolleson and Buckeye, Glendale, and
Litchfield Park.
Mr. Fellerer gave a brief
history of Habitat for Humanity as follows:
It is an international
organization working in 63 countries and approaching over 100,000 homes built
in the twenty plus years it has been in existence. The West Valley HFH is
approaching 15 years of existence and the 100th home in the West
Valley. Their mission is to build affordable housing for all of God’s people
in need. Each affiliate is a 501-C3 obtaining the majority of their funding
from private contributions, corporate giving, and benevolences from cities
such as Avondale. They work in neighborhoods in need of housing. Impact fees
have two impacts on HFHbecause they increase the cost of housing and they
reduce the number of homes they are able to build. They carry the paper on the
entire home that they build and are not interest bearing. A buyer must work
400 hours toward construction of that house and hold a 20 year mortgage with an
average of a $350 monthly payment for a 4 bedroom home. Their homes improve
the value of houses in the surrounding area and have a positive impact as
neighbors start rehabbing houses in those neighborhoods.
Mr. Fellerer read a letter
from Father Joe Capora voicing his support for this request to exempt HFH from
the impact fees.
Mr. Fellerer stated that he
understood that the city was going to be setting policy for redevelopment areas
and for impact fees for builders for families in need of housing. He asked the
City to consider a waiver or reduction of fees as much as possible so that HFH
can continue to build in Avondale at the least amount of cost for the greatest
benefit to those families in need of houses. He stated their houses are built
mainly by volunteer labor and volunteer contractors. He listed Baker Concrete,
St. Peter’s Episcopal Church and St. John Vianney as examples of those who have
helped with in-kind donations and stated that it is a community effort.
Council Member Lynch asked if
this was the property the City donated to Habitat for Humanity.
Mr. Fellerer stated no, the
property the City is proposing to donate had not been consummated. He stated
this was two lots purchased by Habitat for Humanity with funds that churches
donated and from their general budget.
Council Member Lynch asked
how many houses they were building per lot.
Mr. Fellerer stated one per
lot.
Councilman Carroll asked if
Dee Street was the only street currently being built on.
Mr. Fellerer stated yes.
Councilman Carroll asked
where the lot was that the City was possibly donating.
Mr. Fellerer stated in Las
Ligas.
Mr. Adams addressed the
Council regarding this request. He stated that the request was for impact fees
as indicated on staff report. He stated all of the sewer development fee would
not be waived. He stated that the amount of fees paid to date by Habitat for
Humanity was $6,862 of which staff is proposing to reimburse $2,746. Mr. Adams
stated this was an infill project and that to date the Council had dealt with
fee waivers for infill projects on a case-by-case basis. He stated that staff
was working on a policy for fee waivers and that should be to the Council
within the next 30 – 60 days.
Mayor Drake asked what Mr.
Adams thought the direction from staff might be.
Mr. Adams stated that the
recommendation before the Council at that meeting was in line with what has
been done in the past and the general recommendation from staff with regard to
infill projects.
Council Member Lynch asked if
the full amount was only the difference in what they had paid and what staff
was requesting to be waived. She asked if the sewer and water were already in
place.
Mr. Fellerer stated that bids
to put in laterals at both lots was between $12,000 – $14, 000.
Council Member Lynch stated
that was for their development. She stated that if the mains were already
there why not omit the waiver of the police and fire fees and waive more of the
water and sewer fees.
Mr. Adams explained the
Council could develop that however they wished. He stated it had to do with
General Fund versus Enterprise Fund fees and the way those were reimbursed.
Council Member Lynch stated
the City always seems to be short of police and fire funds and stated she would
rather see police and fire funds there.
Mr. Adams stated that
particularly with infill projects the core services were already there and
there was little impact on those services but that water and sewer would be
impacted.
Councilman Carroll stated
that helping the poor acquire a home was great. He asked how people were
gauged to determine if their need for this service was legitimate.
Mayor Drake requested this be
addressed with Councilman Carroll at a later time in able to stick more with
the agenda item.
Councilman Carroll stated he
realized that a lot of the funding and materials were donated. He stated he
had nothing against staff recommendations for fee waivers and asked how these
waivers would benefit the homeowners.
Mayor Drake stated there
would be less of a mortgage to pay off.
Vice Mayor Rogers stated that
she worked in El Mirage and knew of several people who could not obtain homes
without Habitat for Humanity. She stated that neighbors have upgraded their
homes due to these homes being built in their community.
Vice Mayor Rogers stated that
she supported what ever could be done to support these efforts and moved to
approve the reimbursement of $6, 862. Council Member Shuey seconded the
motion. He commented on the value the community was receiving on streets like
Dee Street through this action. He explained that the City spends a lot of
money, either local, federal or state grant money, trying to improve the
community and that this was a real benefit in that neighborhood for less than
$7,000.
Mr. Adams asked that the
motion be amended to allow funds to be paid from contingency.
Vice Mayor Rogers moved to
amend the motion to authorize payment of the $6,862 from contingency. Council
Member Shuey seconded the motion.
Council Member Jones stated
that she was not opposed to this motion. She voiced her concern that the
Council was setting a precedent for each of these developments coming in by
full waiver of fees. She stated that the City had not budgeted for these in
the upcoming year and that they needed to look at the future and other
requests.
Council Member Lynch agreed
with Council Member Jones that they would be setting a precedent before the
study on waivers had been presented and that concerned her. She stated she
would vote for it in this instance but asked staff that in the future items
such as the donated land by the City be taken into consideration. She stated
there was very little money in the contingency fund this year.
Council Member Jones reminded
the Council that later in the agenda there was another item which might result
in a substantial waiver of fees.
Mayor Drake stated he could appreciate that.
Motion carried unanimously.
10) ORDINANCE - ZONING CASE Z99-395A - BEAZER
HOMES - COLDWATER RANCH
An
ordinance rezoning 130 acres at the northwest corner of 115th Avenue
and Buckeye Road from AG (agriculture) to PADD (Planned Area Development
District).
Olinda Luna Hernandez did not
wish to speak but submitted a card that she was in favor of this case.
Quentin Aycock, Littleton
School District Superintendent, addressed the Council. He stated they have
received information regarding 20 planned developments within their District
from the cities of Phoenix and Avondale and Maricopa County over the last two
years. He explained that they projected 380 new students this coming year
with 653 more in 2001. Mr. Aycock stated they have developed relationships
with Beazer, Fulton and Standard Pacific Homes and commended them for their
community spirit. He stated they came to the school and wanted to make some
sort of contribution to the school district.
Mr. Aycock stated they have
projected that they must build 5 schools in the next 6–7 years in this school
district. He stated they thought that the Beazer Development would enhance
their community and he thanked Beazer Homes for their willingness to
contribute. He stated they have plans ready to build a school. Mr. Aycock
stated that if this project was denied or delayed they would still have
children coming in November. He stated that if this was not approved they would
have to go to another site to the east in the City of Phoenix.
Mr. Zubia reviewed this
zoning request with the Council. He stated that it was a request to rezone 130
acres at the northwest corner of 115th Avenue and Buckeye Road from
AG to P.A.D.D. to accommodate the development of Coldwater Ranch. He stated
the applicant has agreed to donate 10 acres to Littleton School District which
would work in conjunction with the addition of 10 acres donated by the
Coldwater Springs Development. He stated this general plan amendment was
approved by the Council on May 1. He stated the Council also heard the request
for rezoning and the Council postponed it stipulating several requirements of
the rezoning as follows:
- Average lot size shall be
7,000 Square feet.
- Not more than 25% of total
lots shall be less than 5,550 square feet.
- Not more than 50% of the
lots shall be less than 6,050 square feet.
- The balance of lots shall
be minimum of 7,175 square feet.
- Minimum side yards shall be
5’ & 10’.
- Perimeter wall & landscaping
shall be installed as part of Phase 1.
- Design of wall along
Buckeye Road shall be sensitive to the reduction of garbage accumulation.
- Open space shall be a
minimum of 12% of gross project area (minus school site).
- Entrances to development
shall be constructed including paving as part of Phase 1.
- Two (2)-story homes shall
be prohibited along 115th Avenue and Buckeye Road.
- All other previous
stipulations shall remain.
Mr. Zubia explained that the
applicant has met all the requirements except for the average square footage of
the lots to be 7,000 sq ft. He stated staff has looked at their revisions and
determined that there would not be excessive adverse effects from not meeting
that guideline. Mr. Zubia stated staff was recommending approval of the
request with stipulations as reflected in page two of the ordinance. He stated
that staff did meet with the applicant and their attorney on Friday and noted
exceptions within the ordinance as follows: typo in ordinance, page 2, #5
should read that no more than 25% of the total lots shall be 5,500 sq. ft. not
5,550; and a typo on #16 the landscaping tract shall be 10’ not 15’ as the
original proposal had stipulated; and average lot size shall be not less than
6600 sq. ft. as staff was supporting.
Vice Mayor Rogers stated that
this has been a two-year project for this developer. She stated this was a
great project and that she was very much in favor of it. She thanked Mr.
Zubia.
Council Member Lynch thanked
the developer for working with the Council in developing this property. She
stated that this Council has certain things they are looking for from
developers that would bring about quality developments in the City and give
them the school sites they are looking for. She thanked Beazer Homes for working
with them.
Ben Miranda read the
ordinance by title. Council Member Shuey moved to adopt the ordinance with
changes as outlined by Mr. Zubia. Council Member Karlin seconded the motion.
ROLL CALL VOTE AS FOLLOWS:
Council Member Jones Aye
Council Member Karlin Aye
Council Member Shuey Aye
Council Member Lynch Aye
Councilman Carroll Aye –
He referred to Council Member Lynch’s
prior statement and asked for clarification. He asked
what she thought the City Council and staff had done toward the other homes in
the City, Were they chicken coups?
Mayor Drake suggested that be discussed at a later
time.
Vice Mayor Rogers Aye
Mayor Drake Aye
11) ORDINANCE - ZONING CASE Z00-009A -
WHITNEYBELL ARCHITECTS/MERCY HOUSING
An
ordinance rezoning 3.25 acres at the northeast corner of 109th
Avenue and Apache Street from R1-6 (single-family residential) to R-3
(multi-family residential) to allow the development of a 41 unit
apartment complex for low income senior citizens.
Yolanda Cano Gonzales, 1918
S. 111th Drive, addressed the Council. She spoke in favor of the
Mercy housing in Cashion. She stated she, as most of the citizens, know what
this means to our seniors in Cashion, who are eagerly awaiting this project.
Ms. Gonzales explained that it was beneficial because it would be located by
Donnie Hale Park and within 100 yards of the Cashion Senior Center. She stated
this would make it convenient for the seniors to get to the Center without
having to get picked up by the Red Cross van up to two hours early. Ms.
Gonzales stated that this would raise the quality of living for these seniors
and that there is a desperate need for quality affordable housing in their
area. She stated that being from a Hispanic culture she understood what it was
like to be very close to family members and explained that by the seniors being
able to live by so closely, we would not be dissolving that family unit She
stated that families would be able to walk to see their parents. Ms. Gonzales
stated that these apartments were the very best thing that could happen to
their seniors and urged the Council to pass this rezoning. She gave an example
of one senior who couldn’t wait to give away their home and the responsibility
of that upkeep to move to these apartments which were new and not in need of
all that repair. She stated the seniors deserve them and it would allow them
to live in quality housing. She stated she had seen the ones in Tolleson and
believed these were going to be even better.
Mr. Zubia reviewed the Mercy
Housing Project and the Whitney Bell request. He stated this project was
located on approximately 3 ¼ acres within the Cashion area at 109th
Avenue and Apache street. He stated as Ms. Gonzales noted, this project would
be perfectly situated for the type of development proposed. He stated that not
only did it have the amenities she mentioned but that it was also located on
the START route. Mr. Zubia noted that one thing that they did not have was the
curbside delivery of mail and that was proposed as a problem at the Planning
and Zoning Hearing. He stated the applicant has agreed to establish a post
office box and to make the manager responsible for delivery to those citizens.
Staff recommended approval subject to the following stipulations:
Vice Mayor Rogers stated this
was a miracle project. She stated there was a three week window to try to get
this project going. She explained there was another city slated to have this
project and it did not go through. Vice Mayor Rogers stated she just happened
to be at a meeting with a member from Mercy Housing when she mentioned it and
she said go for it and see what happens. She stated that with HUD it takes a
lot of red tape to get things done and this only took three weeks. Council
Member Rogers stated there are seniors who are anxious to get into it. She
stated the amenities are wonderful such as the community center, their own lab,
and intergenerational groups working in the project. She stated she was very
excited about this project and hoped that it would be moved forward quickly.
Council Member Jones thanked
Mr. Zubia and staff. She stated that she realized that there were quite a few
concessions to be made. She also thanked Vice Mayor Rogers for inviting Mercy
Housing to come to the City. She stated she had the opportunity to attend the
presentation and that she was very impressed with it. Council Member Jones
voiced concern regarding a letter from former City Manager Carlos Palma
regarding fee waivers pending Council approval in the amount of $118,000. She
asked for confirmation that they were not approving those fees at this time.
Mr. Zubia stated they were
not.
Councilman Carroll stated
that this was the second time they had received information on the project. He
stated there are requirements in the Zoning Ordinance for the number of covered
parking spaces required per the number of dwelling units. He stated that he
only noticed 26 covered parking spaces for this project.
Mr. Zubia stated that this
request as well as a few others have gone through a variance process at the
Board of Adjustments requesting a variance for the reduction of the requirement
in the number of parking spaces. He stated the Zoning Ordinance requires one
covered parking space per unit He stated that Mercy Housing has provided
documentation as well as research from their other projects indicating that
amount is excessive because the number of drivers within their projects falls
by 25 – 50 %. He stated they have agreed to provide 50% of the requirement
and in addition have agreed to provide any additional covered parking spaces
for any additional residents that require it. He stated that variance was
applied for and approved last month.
Councilman Carroll asked then
they would only meet part of the requirements of the Zoning Ordinance and then
come back later and make up for the work that they should have done at the
start.
Mr. Zubia stated no. He
explained that the variance request was granted last month and runs with the
land. He stated they would submit a site plan for approval followed by the
building permit.
Councilman Carroll stated the
Zoning Ordinance states one covered space per residential unit and this states
26. He asked how staff would know that the residents were not going to use up
those spaces right away. He asked if the 27th or 28th
resident would then need to ask for a space and the developer would come in and
provide it at that time.
Mr. Zubia Felipe stated yes.
He stated that based on their analysis of what has been provided in the past
this provision was on the high end. He stated the reason for the request was
not only to accommodate that but in their efforts to provide affordable housing
this was one of the areas where they were trying to do that.
Council Member Lynch stated
this was a great project. She stated that she knows there are senior citizens
throughout Avondale whose families cannot take them in but who want to be near their
families whether they drive or not. She stated she knows of two others within
the City who were planning to apply to be a part of this project. Council
Member Lynch stated that this was a project for the entire City and not just
for one area.
Ben Miranda read the
ordinance by title. Vice Mayor Rogers moved to adopt the ordinance. Council
Member Shuey seconded the motion. ROLL CALL VOTE AS FOLLOWS:
Council Member Jones Aye
Council Member Karlin Aye
Council Member Shuey Aye
Council Member Lynch Aye
Councilman Carroll Aye -
He stated he had nothing against providing this housing. He stated they
deserve it. However, Councilman Carroll stated it did not please him that
staff knows what the requirements are and then does not hold people to them.
He stated they were written to comply with, not to be disregarded. He urged
staff to remember that
Vice Mayor Rogers Aye
Mayor Drake Aye
– He stated that in response to Councilman Carroll, he wanted to let Mr. Zubia
and all the people who had been a part of the project to know that he
appreciated every effort they made to keep the costs down so that it could be
affordable to as many people as possible. He stated he hoped that for as long
as Mr. Zubia was in his position and for as long as he was Mayor that they
would continue to support the people in Avondale who cannot afford housing and
do whatever they have to do to make it affordable for them.
Mr. Adams stated that the
Zoning Ordinance in this case is specific on requirements. He stated that it
does provide that the Planning and Zoning Commission can provide a variance to
those requirements and in this case that was done.
Mr. Adams stated this issue
was processed through the Planning and Zoning Commission and was not something
done by staff.
Councilman Carroll stated
that he agreed and understood that. He stated that staff was having problems
reading and following policy.
Five minute recess at 9:05
pm.
Meeting resumed at 9:15 p.m.
NEW
BUSINESS
12) RESOLUTION - ADOPTION OF TENTATIVE BUDGET
FOR FISCAL YEAR 2001-2002
A
resolution adopting the tentative budget for fiscal year 2001-2002 in the
amount of $69,300,950.
Pilar Aguilar, Budget and
Research Director, addressed the Council briefly on this item. She explained
that the estimates of anticipated expenditures and anticipated receipts were
reviewed by the Council at several meetings during the months of April and
May. She stated all Council goals, recommendations and adjustments have been
incorporated within the tentative budget as presented.
Ms. Aguilar stated the
tentative budget would be published in the paper and that public hearings were
scheduled with the truth in taxation hearing and adoption of the budget slated
for July 3, 2000.
Council Member Shuey stated
that the time to discuss the budget in more detail would be after the
publication. He suggested that they go forward with the resolution.
Ben Miranda read the
resolution by title. Council Member Shuey moved to adopt the resolution.
Council Member Lynch seconded the motion. ROLL CALL VOTE AS FOLLOWS:
Council Member Jones Aye
Council Member Karlin Aye
Council Member Shuey Aye
Council Member Lynch Aye
Councilman Carroll Aye
Vice Mayor Rogers Aye
Mayor Drake Aye
Council Member Lynch asked
Ms. Aguilar to please put a budget schedule in the Council mailboxes.
Ms. Aguilar stated yes and
that they would have them published as well.
13)
RESOLUTION - MARICOPA
COUNTY - COMMUNITY DEVELOPMENT BLOCK GRANT - MANAGEMENT AND IMPLEMENTATION
AGREEMENT
A
resolution authorizing an intergovernmental agreement providing a Community
Development Block Grant to the City of Avondale in the amount of $315,000, for
the project titled AAvondale/Las Ligas 127th Avenue, Elwood
Street Improvements@ Project #DG0002.
Jim
Mitchell, Assistant Public Works Director, addressed the Council regarding this
item. He stated that in January the Council authorized the submission of the
Urban County 2000-2001grant for street improvements. He stated this would
include the paving of Elwood Street from 127th Avenue to Vermeersch
Avenue and the west half of 127th Avenue from Illini Street to
Florence Avenue, and 127th Avenue full street improvements from
Florence Avenue to Vermeersch Avenue.
Mr. Mitchell stated that
Maricopa County authorized this grant in the amount of $315,000 and the MIA is
due back to Maricopa County by June 9, 2000.
Council Member Karlin stated
the new engineering cost estimate was $435,000 and the $315,000 was obviously
not going to cover the cost of the project. She asked what was to stop the
estimate of $435,000 from increasing even more since it had increased since
January 1. She voiced concern about not having enough money for the project
even though the report states that there is money available in the CIP.
Mr. Mitchell stated that when
the grant was submitted in January the original cost estimate for the project
was estimated at $455,000 of which the City had allocated $120,000 in the CIP
budget for those improvements and the remaining $335,000 was the actual grant
amount requested from the County. He explained that of that grant request the
County only allocated $315,000 which is actually $20,000 less than requested.
Mr. Mitchell stated the $120,000 in the CIP was still there and together would
be enough for the project.
Councilman Carroll asked if
that included enough to acquire rights of way and put in curbs and gutters.
Mr. Mitchell explained that
the improvements that have been seen currently are stopgap measures. He stated
that millings from the Dysart Road project were moved to alleviate the dirt
problem at 127th Avenue. He stated that the CDBG project does
includes the sub grade work, asphalt paving, curb and gutter, sidewalk,
adjusting manhole frames and covers, valves, and provides for landscape work on
this project. He stated they expected this to be a complete road project from
right-of-way line to right-of-way line including any right-of-way acquisition.
Council Member Jones asked if
work was scheduled to begin June 2001.
Mr. Mitchell stated that the
MIA was one step and if the contract is approved by the County, the expected
release of funds was in July 2000. He stated that sometimes these funds are
released as late as September.
Council Member Jones stated
that the stuff that came from Dysart Road into the Las Ligas area did help.
Mayor Drake asked if the
start of construction was to be begin June 2001.
Mr. Mitchell stated yes and
staff would work to expedite that as much as possible.
Ben Miranda read the
resolution by title. Council Member Shuey moved to adopt the resolution.
Council Member Lynch seconded the motion. ROLL CALL VOTE AS FOLLOWS:
Council Member Jones Aye
Council Member Karlin Aye
Council Member Shuey Aye
Council Member Lynch Aye
Councilman Carroll Aye
Vice Mayor Rogers Aye
Mayor Drake Aye
BIDS
& CONTRACTS
14) RESOLUTION - PHASE II GIS - BAKER
GEORESEARCH
A
resolution authorizing an addendum to the Baker GeoResearch for GIS phase II
for $26,000.00.
Ron
Brown, Financial Services Director, addressed the Council regarding this
addendum. He stated that approval of this would allow staff to continue the
next phase of the GIS work. Mr. Brown outlined the next tasks required as:
Water Billings Data Conversion, Streets Data Collection and GIS Integration,
Citizen Count Application Development, GIS Workstation Setup and Installation
and Ad-Hoc Mapping and Analysis Tasks. He stated it was important to complete
this project and the Company has the time to do it now.
Ben Miranda read the
resolution by title. Council Member Shuey moved to adopt the resolution.
Council Member Lynch seconded the motion. ROLL CALL VOTE AS FOLLOWS:
Council Member Jones Aye
Council Member Karlin Aye
Council Member Shuey Aye
Council Member Lynch Aye
Councilman Carroll Aye
Vice Mayor Rogers Aye
Mayor Drake Aye
15)
RESOLUTION - FIRE PUMPER -
FIRST IN, INC
Review
of bids received for the purchase of a fire pumper and a resolution authorizing
a purchase contract with the recommended vendor First In, Inc/Pierce Manufacturing
for $377,689.22.
Don Foley, Fire Captain,
addressed the Council. He stated that staff first intended to come forward with
a request to adopt the resolution to authorize an agreement but that earlier in
the day a protest was received disputing the process they had used. He
explained that after discussions with the City Manager, it was felt that it was
in the best interest to redo the process.
Captain Foley reviewed the
process with the Council and the public. He stated that staff went out for a
request for proposal for a new fire apparatus and received three proposals,
none of which met the technical specifications. He stated they then met with
each vendor to seek clarification of their proposals. Captain Foley stated
that in some cases it seemed that instead of their truck not meeting the
specifications there might have been an error in the way the proposal was
submitted. He explained that two did meet the proposal specifications and one
of those had to increase the cost of his proposal.
Captain Foley stated the one
that was protesting did not meet specifications and was the high bidder of the
three. Captain Foley stated the conversation with that regional representative
revealed that he had a concern with everyone knowing everyone else’s price at
that point and that gave the competition an unfair advantage.
Council Member Lynch moved to
reject all bids and re-bid. Vice Mayor Rogers seconded the motion. Motion
carried unanimously.
Councilman Carroll asked if
the City could have tagged on to some other bid within the state.
Captain Foley explained that
staff had looked at other contracts and those specifications did not suit
Avondale’s needs.
16)
RESOLUTION - BID AWARD -
FIREFIGHTING EQUIPMENT
Review
of bids received for the purchase of various firefighting equipment and a
resolution authorizing purchase agreements with the recommended vendors for a
grand total of $73,296.72.
Captain
Don Foley stated that sealed bids for firefighting equipment were received and
reviewed by staff to determine who would provide the equipment at the best cost
to the City. He referred to the spreadsheets provided in the Council reports
with the results of those bids and staff recommendations for purchase
agreements with various vendors to give the City the best bang for the buck..
Council Member Lynch
commended Captain Foley for not doing a flat cost but taking the time to go
through and choosing the items that give the City the best bang for the buck.
Ben Miranda read the
resolution by title. Council Member Lynch moved to adopt the resolution. Vice
Mayor Rogers seconded the motion. ROLL CALL VOTE AS FOLLOWS:
Council Member Jones Aye
Council Member Karlin Aye
Council Member Shuey Aye
Council Member Lynch Aye
Councilman Carroll Aye
Vice Mayor Rogers Aye
Mayor Drake Aye
Captain
Foley stated that the praise belonged to the City Manager prior to him
accepting that post.
17)
RESOLUTION - BID AWARD -
COLDWATER SPRINGS STEEL WATER STORAGE RESERVOIR - BROWN TANK & STEEL
Review
of bids received for the construction contract for the Coldwater Springs steel
water storage reservoir and a resolution authorizing a contract with the
recommended vendor Brown Tank & Steel in the amount of $633,113.87.
Scott
Zipprich, Engineering Project Manager, addressed the Council. He stated that
two bids were received, one from Schuff Steel and one from Brown Tank and
Steel. He explained that both were qualified bids and Brown Tank and Steel was
the low bidder.
Mr.
Zipprich stated this was for the construction of a 2.5 million gallon steel
reservoir tank south of Van Buren on the east side of the Agua Fria River. He
stated that basically they are building a
reservoir tank to expand the
City’s current water facilities to the residents of Avondale to keep up with
the on-going construction of homes.
Mayor Drake asked how many
bids were sent out.
Mr. Zipprich stated that
three companies attended the pre-bid meeting, one from New Mexico and two
located in Arizona. He explained that those two were the only two in the state
qualified to do this type of work.
Mayor Drakes asked if was not
uncommon then to receive only two bids due to the limited number of companies
that participate in this industry.
Mr. Zipprich stated that was
correct.
Councilman Carroll asked with
the capacity of this tank would that preclude putting another tank in that
area.
Mr. Zipprich stated that site
is planned to have 4 tanks of that capacity taking that site to a $4 million
gallon capacity. He stated that was part of the CIP package.
Ben Miranda read the
resolution by title. Council Member Lynch moved to adopt the resolution. Vice
Mayor Rogers seconded the motion. ROLL CALL VOTE AS FOLLOWS:
Council Member Jones Aye
Council Member Karlin Aye
Council Member Shuey Aye
Council Member Lynch Aye
Councilman Carroll Aye
Vice Mayor Rogers Aye
Mayor Drake Aye
18)
RESOLUTION - BID AWARD -
EXPANSION OF SOCIAL SERVICES BUILDING - CONSPECO INC
Review
of bids received for the expansion of the Social Services building and a resolution
authorizing a contract with the recommended vendor Conspeco Inc. for
$459,834.00.
Tim Barber-Lindstrom
addressed the Council. He stated this was the last lap of a project started in
1993 with the approval by the voters of a $500,000 bond issue to expand the
facilities of the Social Services building.
Mr. Barber-Lindstrom stated
that the architectural design and project management for this project was
awarded to Lawrence Enyart Architects, Inc. and they have come up with a design
that would meet the needs well into the future. He stated 13 bids were
received in March of 2000. He stated the lowest bid was submitted by Conspeco,
Inc. for $459,835. Mr. Barber-Lindstrom stated the base price was $411,284
with additional upgrades as alternate bid items to include; landscaping and
irrigation, vertical blinds, a patio, an accordion partition in the activities
room, and millwork., of $48,550. He explained that Conspeco, Inc. has been in
business for 23 years and has had no history of complaints with the
construction registries.
Councilman Carroll asked if
the contingency portion would come from bond funds.
Mr. Barber-Lindstrom stated
that there was a pool of money available for the completion of this project.
He stated that included $500,000 from the bond funds and $275,000 that was
donated to the City specifically for the sole purpose of the Community Center
and the services it provides to the citizens.
Councilman Carroll asked for
a copy of that before these funds were encumbered. He stated that it was his
understanding that money was to be used for services to be provided to the
people who use the facilities and not the construction of a building.
Ron Brown, Financial Services
Director, addressed that concern. He stated that there were no strings
attached to that money except that it be used on the Community Center. He
stated it could be used as services, equipment or part of a building.
Councilman Carroll asked for
a copy of that bequest.
Mr. Brown stated that he
would provide that.
Vice Mayor Rogers asked if
the money could be used for any Community Center. She asked if it could be
used at the Cashion Community Center.
Mr. Brown stated that it was
specifically for the Avondale Community Center.
Ben Miranda read the
resolution by title. Council Member Lynch moved to adopt the resolution. Vice
Mayor Rogers seconded the motion. ROLL CALL VOTE AS FOLLOWS:
Council Member Jones Aye
Council Member Karlin Aye
Council Member Shuey Aye
Council Member Lynch Aye
Councilman Carroll Aye
Vice Mayor Rogers Aye
Mayor Drake Aye
