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
