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Minutes of the Regular Meeting held December 18, 2006 at 7:00 p.m. in the Council Chambers.

 

MEMBERS PRESENT

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

                                                                                                Jim Buster

                                                                                                Frank Scott

                                                                                                Ken Weise

                                                                                                Jason Earp

                                                                                   

MEMBERS EXCUSED

Betty Lynch

 

ALSO PRESENT

Charlie McClendon, City Manager

Andrew McGuire, City Attorney

Kevin Artz, Finance & Budget Director

Linda Farris, City Clerk

 

Mayor Lopez-Rogers called the meeting to order and led those present in the Pledge of Allegiance and a moment of reflection, asking those present to remember Council Member Lynch, who has experienced a profound loss, in their thoughts and prayers. 

 

STATEMENT BY THE CITY CLERK

 

UNSCHEDULED PUBLIC APPEARANCES

There were no requests to speak.

 

3)         CONSENT AGENDA

 

            a.  APPROVAL OF MINUTES

                        Regular meeting of December 4, 2006

 

b.  SPECIAL EVENT LIQUOR LICENSE – INTERNATIONAL HISPANIC NETWORK. 

Special event liquor license from Mr. Mike Acevedo, International Hispanic Network Fellowship Program, 4125 East Montecito, Phoenix, for a fundraiser dance to be held on December 31, 2006 from 7:00 p.m. through 1:00 a.m. at Estrella Vista Reception Center, 1471 N. Eliseo C Felix Jr. Way. 

 

c.  AMENDMENT NO. 1 – PLANNING AND ENGINEERING SERVICES AGREEMENT – AMEC ENGINEERING – ENVIRONMENTAL SITE ASSESSMENT AND SITE REMEDIATION REPORT – 4TH STREET FIELD OPERATIONS SITE.  Amendment No. 1 to the Planning and Engineering Services Agreement with AMEC Engineering for an Environmental Site Assessment and Site Remediation Report at the 4th Street Field Operations Site. 

 

d.  AMENDMENT NO. 3 – CONSTRUCTION MANAGER AT RISK AGREEMENT – PIERSON CONSTRUCTION – 4TH STREET WASTEWATER LIFT STATION IMPROVEMENTS AND BACKUP FORCE MAIN PROJECT.  Amendment No. 3 to the Construction Manager at Risk Agreement with Pierson Construction Corporation for the 4th Street Wastewater Lift Station Improvements and Backup Force Main Project in the amount of $500,000 with the work to be performed on a time and material basis for a total contract amount of $3,851,218 and authorize the Mayor or City Manager and City Clerk to execute the necessary documents. 

 

e.  AMENDMENT NO. 4 TO THE CONTRACT WITH SYNAGRO WEST, INC., FOR DEWATERED SLUDGE HAULING AND DISPOSAL.  Amendment No. 4 for a one-year extension to the existing Dewatered Sludge Hauling and Disposal contract with Synagro West, Inc. and authorize the Mayor or City Manager and the City Clerk to execute the necessary documents. 

 

f.  PROFESSIONAL SERVICES AGREEMENT – DESIGN AND CONSTRUCTION MANAGEMENT – CAROLLO ENGINEERS – VAN BUREN WATER MAIN, 101ST TO 105TH AVENUE AND EMERGENCY CONNECTION.  Carollo Engineers for the Van Buren Water Main, 101st to 105th Avenue and Emergency Connection, in an amount not to exceed $149,978, and authorize the Mayor or City Manager and City Clerk to execute the necessary documents. 

 

g.  PROFESSIONAL PLANNING AND ENGINEERING SERVICES AGREEMENT WITH DMJM HARRIS ENGINEERING FOR A DESIGN CONCEPT REPORT AND CONSTRUCTION IMPROVEMENT PLANS AT AVONDALE BOULEVARD AND INTERSTATE 10.  DMJM Harris Engineering for a Design Concept Report and Construction Improvement Plans for Avondale Boulevard and Interstate 10 in the amount of $79,968.  The Council will take appropriate action.

 

h.  PROFESSIONAL SERVICE AGREEMENT WITH KIMLEY-HORN & ASSOCIATES, INC. FOR STREET IMPROVEMENTS ON 4TH STREET FROM LOWER BUCKEYE ROAD TO WESTERN AVENUE. 

Kimley-Horn & Associates, Inc. for street improvements on 4th Street from Lower Buckeye Road to Western Avenue in the amount of $114,915. 

 

i.  RESOLUTION 2618-1206 – ADOPTION OF COUNCIL GOALS FOR FY 2007-2008.  A resolution adopting Council Goals for FY 2007-2008. 

 

j.  ORDINANCE 1237-1206 AMENDING CHAPTER 23 OF THE CITY CODE RELATING TO SPEED LIMITS, TRUCK ROUTES AND SCHOOL ZONES

 An ordinance amending Chapter 23 of the City Code relating to Speed Limits, Truck Routes and School Zones. 

 

k.  ORDINANCE 1225-1206 – CORRECTION TO 1997 ROW ANNEXATION ORDINANCE.  An ordinance correcting the maps and legal descriptions included in ROW annexation ordinance 646-97 adopted on June 2, 1997. 

 

l.  ORDINANCE 1223-1206 RESCINDING ORDINANCE 926-03 AND APPROVING ACQUISITION OF WATERLINE EASEMENT(S) FROM FLOOD CONTROL DISTRICT OF MARICOPA COUNTY.  An ordinance rescinding Ordinance 926-03 and approving acquisition of Waterline Easements(s) from Flood Control District of Maricopa County needed to accommodate modifications to avoid utility conflicts in the alignment identified during construction. 

 

City Attorney, Andrew McGuire, read the ordinances and resolutions by title only, Vice Mayor Wolf moved to approve the consent agenda and Council Member Weise seconded the motion.

 

            ROLL CALL VOTE AS FOLLOWS:

 

                        Council Member Earp              Aye

                        Council Member Scott  Aye

                        Council Member Buster            Aye

                        Mayor Lopez-Rogers               Aye

                        Vice Mayor Wolf                     Aye

Council Member Lynch            Excused

                        Council Member Weise            Aye

 

            Motion carried unanimously

           

4)         ORDINANCES 1226-1206, 1227-1206, 1228-1206, 1229-1206, 1230-1206, 1231-1206, 1232-1206, 1233-1206, 1234-1206, 1235-1206 AUTHORIZING AN INCREASE IN THE CITY'S DEVELOPMENT FEES.

City Manager, Charlie McClendon, indicated this is the final step in the update of the City's development impact fees and introduced Finance & Budget Director, Kevin Artz, to present this item. 

 

Kevin Artz went over the history that had transpired since the introduction of the increase in development fees and went into the increased costs to the City for development, thus the need for the increased fees, and covered the 10 ordinances for the Council's consideration. 

 

City Attorney, Andrew McGuire, explained the ordinances to the Council.

 

Vice Mayor Wolf asked City Attorney McGuire if procedurally could the Council approve all of the ordinances in one motion or should the Council do two motions.  City Attorney McGuire stated the Council could do either.

 

Mayor Lopez-Rogers introduced Rachel Aja, HBACA, who requested to address the Council.

 

Rachel Aja, HBACA of Central Arizona, stated for the record that HBACA has had concerns with the study from the beginning.  Council Member Buster asked regarding the discrepancy in the price per gallon of the wastewater treatment plant expansion, Avondale saying it was approximately $20.00 per gallon and HBACA saying $11.00 per gallon.  Ms. Rachel Aja stated she had re-looked at the numbers and had found a discrepancy, which had not been resolved, and she had not received any communication back from the staff on that.

 

Council Member Buster asked Kevin Artz regarding the discrepancy in the price per gallon of wastewater treatment plant expansion.  Mr. Artz explained in detail how they had arrived at their price per gallon.  

 

Mayor Lopez-Rogers commented if there was no new growth, they would be fine with the capacity they have now, but because the City has new development, they have to expand.

 

Council Member Weise asked Rachel Aja, HBACA of Central Arizona, what were her specific concerns with the methodology that was used in the report and did she have certain areas of concern.  Ms. Aja responded the sewer area was one of the biggest concerns and the park land cost was another.  Council Member Weise stated the average increase was only 3 to 3.5%, which was pretty minor considering inflation, thus was her argument that the homebuilders could not absorb that cost and could not pass it on without affecting their bottom line.  Ms. Aja responded no, their concern was that they would be paying more than their fair share.  Council Member Weise responded the fee probably should have been increased a couple years ago, so they were probably just catching up, and would Ms. Aja agree or disagree with that.  Ms. Aja stated that each home buyer would be paying more than their fair share because that cost is being passed on to the home buyer.  She stated those home buyers that got in between 2003 and now paid less and got a good deal at the detriment of the people who will move in now.  Council Member Weise stated that negated the argument for a phased-in increase.  Ms. Aja stated one could probably argue that.

 

Vice Mayor Wolf commented he disagreed this issue had been created because the City had not been recovering enough costs in the past.  He stated he is very comfortable with the waste water numbers. 

 

Council Member Buster commented, yes, the folks who came to Avondale first did not have to pay the increased fees; however, the City must provide the framework for the explosive growth and provide for the needs of a growing community.  He is, therefore, willing to promote this measure.

 

Mayor Lopez-Rogers commented that Council members do not like to raise or pass taxes offhand, but with that said, asked to have the ordinances read.

 

City Attorney, Andrew McGuire, read Ordinances 1226-1206, 1227-1206, 1228-1206, 1229-1206, 1230-1206, 1231-1206, 1232-1206, 1233-1206, 1234-1206, 1235-1206, authorizing an increase in the City's development fees, by title only.  Vice Mayor Wolf moved to approve, and Council Member Weise seconded the motion.

 

            ROLL CALL VOTE AS FOLLOWS:

 

                        Council Member Earp              Aye

                        Council Member Scott  Aye

                        Council Member Buster            Aye

                        Mayor Lopez-Rogers               Aye

                        Vice Mayor Wolf                     Aye

Council Member Lynch         Excused

                        Council Member Weise            Aye

 

            Motion carried unanimously

 

5)         DISCUSSION ITEMS

            There are no discussion items.

 

6)         EXECUTIVE SESSION

            There are no items for the Executive Session.

 

ADJOURNMENT

There being no further business to come before the Council, Vice Mayor Wolf moved to adjourn.  Council Member Weise seconded the motion.  The motion carried unanimously.

 

Meeting adjourned at 7:34 p.m.

 

                                                                                                _____________________________

                                                                                                Mayor Lopez-Rogers

 

 

_________________________________

Linda M. Farris, CMC

City Clerk

 

CERTIFICATION

 

I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the Council of the City of Avondale held on the 18th day of December, 2006.  I further certify that the meeting was duly called and held and that the quorum was present.

 

 

__________________________________

City Clerk