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Minutes of the regular meeting of June 5, 2000 held at 7:10 p.m. in the Council Chambers.

 

MEMBERS PRESENT

Mayor Ronald Drake and Council Members                                         Marie Lopez Rogers

                                                                                                            Peggy Jones

            Stephanie Karlin

                        Raymond Shuey

            Betty Lynch

Albert Carroll,Jr.

                                          

 

ALSO PRESENT

Paul Adams, City Manager

Ben Miranda, Interim City Attorney

 

2)         APPROVAL OF MINUTES

a.       Regular meeting of May 15, 2000

 

Vice Mayor Rogers moved to approve the minutes.  Council Member Shuey seconded the motion.  Motion carried unanimously.

 

3)                  UNSCHEDULED PUBLIC APPEARANCE

Linda Farris, City Clerk, read the statement regarding public appearances as follows:

Anyone wishing to address the Council regarding items listed below or under Unscheduled Public Appearance should fill out a card located at the back of the council chambers and hand it to the City Clerk prior to the beginning of the meeting.  Please limit your comments to three minutes.  When your name is called, please approach the podium and give your name and address.  A complete copy of the agenda packet is located at the back of the council chambers for the public.

 

The Mayor and Council are prohibited from commenting on items brought forth under Unscheduled Public Appearance.

 

UNSCHEDULED PUBLIC APPEARANCE

(Limit three minutes per person.  Please state your name and address.)

 

None.

 

CONSENT AGENDA

Items on the consent agenda are of a routine nature or have been previously studied by the City Council at a work session.  They are intended to be acted upon in one motion.  Council members may pull items from consent if they would like them considered separately.

 

 

a.         SPECIAL EVENT LIQUOR LICENSE - VFW

A request from the VFW for a special event liquor license to be used for a dinner dance. 

 

This item was withdrawn at the request of the applicant.

 

b.  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. 

 

c.  REQUEST FOR CONTINUANCE - ZONING CASE Z00-318AM - CMX - COLDWATER SPRINGS

Request for a continuance of zoning case Z00-318AM, a request to amend the Coldwater Springs PADD to reduce the front and side yard setbacks and increase the allowable lot coverage for the development. 

 


d.  REQUEST FOR CONTINUANCE - ZONING CASE Z99-411AM - WILLIAMS TRAVEL CENTER 

Request for a continuance of zoning case Z99-411AM, amendment to conditions of rezoning and development agreement, indefinitely. 

 

e.  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. 

 

f.  ZONING CASE Z98-338C - FINAL PLAT - KAYGAN INVESTMENTS - CRYSTAL PARK ESTATES

Request from Kaygan Investments for final plat approval for Crystal Park Estates, a  single-family detached residential development located at the southeast corner of 115th Avenue and Thomas Road. 

 

g.   RESOLUTION - SAVE PURCHASING CONSORTIUM

A resolution authorizing an intergovernmental agreement with SAVE

(Strategic Alliance Volume Expenditures) cooperative purchasing group. 

 

h.  RESOLUTION - CITY OF LITCHFIELD PARK  - LAW ENFORCEMENT

A resolution authorizing an intergovernmental agreement to provide  law enforcement services to the City of Litchfield Park in exchange for fees of $344,000.00. 

 

i.  ORDINANCE - ZONING CASE Z00-016A - CITY OF AVONDALE

An ordinance approving a request from the City of Avondale for  rezoning of six parcels located on the south side of Pacific Drive between 6th and 7th Streets from A-1(Industrial) to R1-5 (Single-family Residential). 

 

j.  ORDINANCE - ZONING CASE Z00-374AM - DEHAVEN COMPANY - LOS ARBOLITOS

An ordinance amending the PADD for Los Arbolitos Ranch to allow  for a 20 foot public use trail easement along the R.I.D. canal. 

 

k.  ORDINANCE - ZONING CASE Z00-013A - CITY OF AVONDALE

An ordinance rezoning approximately 3.7 acres located adjacent to the corner of Illini and Vermeersh Road from A-1(industrial) to R1-35(single-family residential). 

 


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

 

  • GROUP HOMES

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:

 

a)      Project shall comply with the Project Narrative attached as Exhibit D.

b)      Compliance with case number V00-01.

c)      Manager of facility shall establish a post office box for the facility residents for sending and receiving mail.  Post office box shall be maintained indefinitely or until such time curbside delivery is established for facility.

d)      All parking spaces shall be numbered and 26 covered parking spaces shall be provided.  If additional covered parking spaces are requested by a resident, one shall be provided.

e)      Perimeter walls, landscaping and paving shall be completed as part of Phase I of the project.

 

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

 

 

 


CITY STAFF REPORTS

 

19)              DEPARTMENT OF PUBLIC SAFETY - VICTIMS OF CRIME ACT

Discussion of the Department of Public Safety - Victims of Crime Act grant award of $76,000.  For discussion, comment, questions, and direction.

 

Mike Powell, Grants Coordinator, addressed the Council.  He outlined some of the points of the grant award.  He stated there were three major prospectives:

 

Counseling and emotional support for crime victims

Development of a support system

Establishment of volunteer program to assist crime victims

 

Mr. Powell stated that a victim advocate position was established as a ¾ time position and some matching funds are required.  He stated the City of Avondale has a cash match of $5000 which supplements salary, and ERE ($3,000) and provides volunteer support services and recognition ($2,000).  He explained that Goodyear’s cash match expenditure is also $5,000 for a laptop computer and associated hardware and software to be utilized by the staff person hired to fill the position.

 

Mr. Powell stated that the position is approximately 32 hours, being in the courts of Avondale on Monday and Wednesday and in Goodyear on Tuesday and Thursday.

 

Mr. Powell stated that the grant stipulates that the City of Avondale would serve as the fiscal agent.  He explained that carries certain responsibilities.  He stated the Victim Advocate would most likely be an employee of the City of Avondale to simplify payment for services and to offer a benefits package.  Mr. Powell stated that the person could be a City of Goodyear employee or could be a full-time City of Avondale employee splitting that position to work equally within each city, eliminating the need for a benefits program.

 

Mr. Powell stated that discussions with the prosecutor revealed there would be no problem housing this person.  He discussed employment compensation concerns.  He stated the Prosectors Office envisioned that this position be a bridge and that they could assume that position as ¾ or full time basis.

 

Mr. Powell stated of the $5,000 matching funds requested, $2,500 would be from the FY 2000-2001 budget and $2,500 would come from the FY 2001-2002.

 

Council Member Shuey commented that in reading through this report, the City of Avondale and the City of Goodyear had a level playing field in terms of the funding.  He stated the accounting and the financial reporting for this money does count as additional contributions by Avondale.  He stated these are federal funds and have to be accounted for under the single audit act and have to be included in the schedule of federal awards.  He stated he was glad to hear that Goodyear stepped up to the plate and is now providing more funding in recognition that Avondale was carrying a greater burden because of the financial reporting and accounting requirements.

 

Mr. Powell stated that a draft copy of the IGA was being reviewed by  Goodyear and Avondale attorneys to assure that the language is appropriate.  He stated this is an opportunity to work between the communities to do something for the victims of crime.

 

Council Member Lynch stated she originally had the same concern as Council Member Shuey.  She added that the fiscal agent should be within the Finance Department and not be a responsibility of the advocate.

 

Mr. Powell stated that Brian Lamb as the Accountant was responsible for all financial reporting for all grants.

 

Council Member Lynch stated she knew that we were required to fund this for one more year and asked if it was on going.

 

Mr. Powell stated that the City would pick up the position for the following year to show sustainability for the program.  He stated the award does not indicate or require us to make it on going.

 

Councilman Carroll asked if we currently had a person in the Police Department doing this work.

 

Mr. Powell explained that there was a position of Victim’s Rights Specialist and that position does have specific job duties different from this.  He explained that the Prosecutor’s Office and the Police Department would work together to restructure to assure that what overlap exists would be complimentary and work together.  He explained that the current services handle victim notification and some other types of services for victims up to the initial hearing stage.  He stated as more work transpires it then goes to the Prosecutor’s Office.

 

Councilman Carroll asked about unemployment compensation as mentioned by Mr. Powell earlier.

 

Mr. Powell stated that the Assistant City Manager had brought up that issue.  He stated that previously unemployment compensation was paid after an award to Social Services was expired.  He stated that both cities are looking at establishing positions at the conclusion of this two-year grant.  He stated that the issue of unemployment compensation is minimal at best because we would probably be fighting over this person if they do a good job.

 

Councilman Carroll asked where that was authorized in the grant. 

 

Mr. Powell stated that unemployment law states that you must pay unemployment compensation for a position that goes away to any employee of the City.

 

Councilman Carroll asked for an opinion from Lewis and Roca regarding that issue.

 

Mr. Miranda stated he would get an answer to Councilman Carroll’s question.

 

Ron Brown, Finance Director, stated that we pay unemployment compensation directly.  He agreed with Mr. Powell that this had nothing to do with the grant but with the employee.

 

This item was for information only.

 

20)              COUNCIL COMMENTS AND SUGGESTIONS

 

Council Member Shuey asked Chief Adams to check on the status of the bike patrol and when they last patrolled Dessie Lorenz Park and the Food City Market area and get back with him.

 

Council Member Lynch stated that she had received two magnets in Spanish regarding uncontained garbage in her mailbox about two months ago.  She stated that her understanding was that once she saw those that they were going to be in effect.  Council Member Lynch stated the residents have not seen them and the residents were not getting the large container pickup.  She stated there was a major concern about garbage being moved into particular areas of the City because no resident could have a refrigerator week after week or month after month. 

 

Vice Mayor Rogers asked Mr. Adams for a list of minority or women owned contractors used in the City over last five years.

 

ADJOURNMENT

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

 

Meeting adjourned at 10:15 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 5th day of June,   2000.  I further certify that the meeting was duly called and held and that a quorum was present.

 

 

 

                                   ______________

City Clerk