Minutes of the regular meeting held June 3, 2002 at 7 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                                           

Todd Hileman, Acting City Manager

Andrew McGuire, City Attorney                        

STATEMENT BY THE CITY CLERK

Linda Farris, City Clerk, read a statement regarding public appearances.

2)                  CITY MANAGER’S REPORT

none

3)                  APPROVAL OF MINUTES

            Regular meeting of April 15, 2002

Regular meeting of May 6, 2002

Work session of May 6, 2002

Work session of May 13, 2002

Regular meeting of May 20, 2002

Council Member Lynch moved to approve the above minutes as amended.  Council Member Shuey seconded the motion.  Motion carried unanimously.

4)         RECOGNITION ITEMS (MAYOR PRESENTATIONS)

Mayor Drake read and presented a proclamation on behalf of the City of Avondale, to Father Joe Corpora in appreciation for all of his hard work in the community:

Father Joe Corpora thanked everyone for the proclamation.  He stated that it had been a privilege to call Avondale his home for 12 years and he would never forget Avondale

Council Member Lynch stated she had seen Father Joe’s work in the school system and on the streets of the City and she only had wonderful praise for him.

Council Member Shuey stated that he greatly enjoyed Father Joe being a part of the community and would miss him. 

Council Member Jones stated that she wanted to thank Father Joe for sharing his past 12 years with Avondale. 

Vice Mayor Rogers thanked Father Joe for his time and service that he gave the people of Los Ligas and Rio Vista.  She stated that those that needed Father Joe the most were served by him and she wanted to thank him for that.

5)         UNSCHEDULED PUBLIC APPEARANCE

Brent Heise, 12812 W. Weldon, Avondale, stated that he wanted to thank Vice Mayor Rogers, Council Member Karlin, Council Member Shuey and Councilman Carroll for their words at a memorial that was held at the historic cemetery. 

Mr. Heise stated that he was a Board Member of the Sage Creek Community Homeowners’ Association.  He stated that he was also the PTSA Vice-President for Corte Sierra School.  He asked if the Council would consider putting a police substation in that area.  Mr. Heise talked about vandalism problems in his area and the need for additional police presence.

Jim King, stated that he represented Maricopa County Supervisor, Mary Rose Wilcox, and Tom Buick, Transportation Board.  He stated that they were extremely excited about what was potentially happening along 115^th Avenue.  He stated that he wanted to challenge the Council to make 115^th Avenue as exciting as they had made Western Avenue.  He stated that the changes to Western Avenue were awesome.

6)        CONSENT AGENDA

Council Member Shuey asked that Item No. “6.i” be pulled from the consent agenda for individual consideration.

Council Member Lynch asked that Item No. “6.e” be pulled from the consent agenda for individual consideration.

a.         ORDINANCES – UNION PACIFIC RAILROAD PROPERTY PURCHASE – RIGHT OF WAY DEDICATION – SOMAR LEASING

            Ordinances authorizing the purchase of property, the conveyance of a portion thereof to Somar Leasing, and accepting right of way.

            b.         AWARD OF 107^TH AVENUE WATERLINE EXTENSION CONSTRUCTION CONTRACT

                        City Staff requested Council approval to award the 107^th Avenue Waterline Extension Construction contract to Ledcor Industries, Inc. in the amount of $121,230.01.

            c.         APPOINTMENT OF JUDGES PRO TEM

                        City Staff requested that the Council appoint Judges Pro Tem as recommended. 

d.         RESOLUTION – ABANDONMENT OF RIGHT OF WAY – FIELDCREST DEVELOPMENT

            A resolution abandoning portions of an easement for highway purposes located within the Fieldcrest Development.

            f.          RESOLUTION - CDBG-HOME THREE YEAR PARTICIPATION AGREEMENT

                        A resolution authorizing the adoption of the FY 03-05 Three-year Cooperation Agreement between Maricopa County and the City of Avondale for the Community Development Block Grant/Home Program.

            g.         LIQUOR LICENSE APPLICATION - COSTCO

                        A liquor license application from Costco for a Series 9: Off-sale Retailer’s license to sell all spirituous liquors to be located at 10000 West McDowell Road.

            h.         AZVT – FINAL PLAT APPROVAL – C02-402

                        Final plat approval for AZVT, L.L.C., located south of I-10, between 107^th Avenue and 99^th Avenue, north of the Roosevelt Street alignment.

Andrew McGuire, City Attorney, read the resolutions and ordinances for the above consent Item Nos. “6.a, 6.d” and “6.f” by title.  Council Member Lynch moved to adopt the ordinances and resolutions and to approve the amended consent agenda, Item Nos. “6.a, b, c, d, f, g” and “6.h.”  Council Member Shuey seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

Motion carried unanimously.

e.         ADEQ WASTE REDUCTION ASSISTANCE RECYCLING GRANT APPLICATION

                        City Staff requested Council approval to proceed with a City grant application for $200,000.00 to the Arizona Department of Environmental Quality’s Waste Reduction Assistance Program. The grant would seek funds to assist in the purchase of 14,285 residential recycling containers for the City’s implementation of a curbside pickup recycling program. It included an estimated $400,000 cash match by the City in order to purchase the containers.

Council Member Lynch stated that the grant was for $200,000 and the City would have a cash expense of $400,000 as opposed to a cash match.

Council Member Lynch moved to approve Item “6.e”.  Council Member Karlin seconded the motion.  Motion carried unanimously.

            i.          JOB ACCESS GRANT APPLICATION

                        City Staff requested Council support of an effort by Maricopa Association of Governments (MAG) to submit a two-part application for Job Access Funds totaling $730,000.00 for START Route 131 and Indian School Route 41.

Council Member Shuey stated that the job access grant would provide an extension of Valley Metro Route 41 down Indian School Road to Dysart.  He stated that the north side of Indian School west of the Trap and Skeet Club Road was in Litchfield Park.  He encouraged staff to request funding from the City of Litchfield Park for a share of the extended Route 41.  He stated that there was a small portion of the City of Goodyear that was along the southern edge of the route from Dysart Road west to the south end of the Estrella Mountain Community College.  He stated that staff should ask the City of Goodyear for a small amount of contribution since their residents would also benefit from the route.

Council Member Lynch stated that the entire new development north of Indian School was also on county land.  She stated that the county needed to step up to the plate because there were 3,000 homes that would be utilizing that route.

Council Member Jones stated that the Council may want to look at a full funding option in the event that the grant was not awarded.  She stated that the grant was competitive and there were no guarantees.

Council Member Shuey moved to approve the item as recommended.  Councilman Carroll seconded the motion.  Motion carried unanimously.

7)         ZONING CASE AR02-539 – ST. THOMAS AQUINAS CATHOLIC COMMUNITY – SITE PLAN

            The Council considered a request for site plan approval from St. Thomas Aquinas Catholic Community for an approximate 10 acre church and school facility located on the north side of Thomas Road approximately ¼ mile east of Litchfield Road and Thomas. 

Todd Hileman, Acting City Manager, stated that this was a request from St. Thomas Acquinas Catholic Community for final site plan approval for a 10 acre parcel for a church and school facility located at the northeast corner of Thomas Road and Litchfield Park Road.  He stated that it was part of a 37.5 acre piece in the Palm Valley P.A.D.D.

David Fitzhugh, Development Services Director/City Engineer, stated that the site plan was a portion of the 37.5 acres and comprised approximately 10 acres in Phase I.  He stated that Phase II was planned to be a high school and other associated facilities.  He stated that there would be parking and driveways off of Thomas Road and 137^th Avenue and perimeter and interior landscaping.  He stated that prior action by the Council approved an amendment to the Palm Valley P.A.D.D. that permitted the over-height of the sanctuary and the 100 foot tall central tower.  He stated that the request went before the Planning and Zoning Commission on May 16, 2002 and that the development was in conformance with the Avondale Zoning Ordinance, the North Avondale Specific Plan, the current Avondale General Plan and the Palm Valley P.A.D.D. General Development Plan Standards.  He stated that staff recommended approval.

Council Member Lynch expressed concern about a road that intersected Thomas Road.  She stated that she hoped 137^th Avenue would align with that road so that when a traffic light was needed, there would not be any problems.

Council Member Lynch stated that she wanted to suggest Condition No. 6 as follows:  “All exterior landscaping, walls and roads shall be installed initially.”  She stated that would help keep the dust level down.

Mr. Fitzhugh stated that the applicant indicated that they did not have an issue with that.

Council Member Lynch asked if there would be bike lanes on 137^th Avenue.

Mr. Fitzhugh stated that he did not believe so.  He stated that it would be more of a local collector.

Council Member Lynch stated that safety should be kept in mind with two schools there and bike lanes should be considered.

Mr. Fitzhugh stated that he could do that.

Council Member Lynch stated that she wanted to recommend a speed limit of 25 mph because of the schools and the ingress and egress of people to the church.  She stated that with the college, the school, and the YMCA, a traffic light would be needed.

Mayor Drake asked Mr. Fitzhugh to keep the Council updated on that.

Councilman Carroll asked if 137^th Avenue would be a through street all of the way to the Indian School Bypass.

Mr. Fitzhugh stated that he saw that as a concept through there and it eventually could.

Councilman Carroll asked if staff could work with the church so the two roads could be aligned.  He stated that a traffic light could be put in.

Mayor Drake stated that the development did not match up like that.

Council Member Lynch stated that the map did not show the Palm Valley School or the other road.  She stated that the road was on the southern part of Thomas Road.

Mayor Drake stated that the site did not align with the road next to the school.

Council Member Lynch stated that was why she asked what would be done there.

Mayor Drake stated that the development would also incorporate the high school a number of years to the future.

Mr. Fitzhugh stated that it was probably greater than 800 to 1,000 feet to the east.  He stated that aligning the two roads was probably not practical.  He stated that if a traffic signal was warranted, one could probably be put in at each location.  He stated that he was not sure it would be warranted or not.

Councilman Carroll asked if there could be an access point to line up 137^th Avenue with Thomas Road.

Mr. Fitzhugh stated that if the 37 acres extended that far to the east, the developer could take a look at that during the Phase II process.  He stated that one of the things that was normally done was to discourage traffic through certain areas by separating the road.  He stated that without having an overall site plan, he was hesitant to speculate on what would or would not work.

Councilman Carroll how long it would take to get a full site plan.

Mr. Fitzhugh stated that he could provide an aerial photo.

Mayor Drake asked if that was something that staff would have on record should it need to be done in the future.

Mr. Fitzhugh stated that it was part of the standard review process.  He stated that if a development impacted in intersection, staff looked at how the roads aligned.

Vice Mayor Rogers stated that in the review process, staff would look at that.  She stated that it was a great project and she was excited about having it in Avondale.  She stated that staff from the City and the Diocese had done those types of projects before.

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

8)         PUBLIC HEARING - ZONING CASE Z99-389-A 73 EL MIRAGE – REZONING - ORDINANCE

            The Council considered an ordinance rezoning approximately 79.4 acres from AG (Agriculture) to PADD (Planned Area Development District), located at the southeast corner of El Mirage and Lower Buckeye Road.

Mr. Hileman, Acting City Manager, stated that the request was to reconsider a rezoning of 79.4 acres from AG to P.A.D.D. at the southeast corner of El Mirage and Lower Buckeye Road.  He stated that based upon past comments and concerns of Council, staff negotiated a few enhancements to the overall site plan.  He stated that the first was that the net density of the property would not exceed 3.42 dwelling units per acre.  He stated that the seller of the property would disclose that there was both a planned 500 kv substation located at the southeast corner of the Broadway Road alignment and the power transmission corridor within the public report.  He stated that the applicant would disclose the existence of the nearby dairy farms located east and north of the proposed rezoning within the final public report and final plat.  He stated that there were additional buffering requirements which the applicant agreed to.  He stated that those enhancements had been made and were a priority for considering the issue.

Jack Rose, 4802 N. Hidden Terrace Litchfield Park, stated that he represented Michael Pylman Dairies, the adjoining property owner to the east and he was not present to speak in opposition or favor of the proposal.   He stated that out of respect for the adjoining property owner, Mr. Pylman would not take a stand one way or the other.  He suggested that the corner of El Mirage and Lower Buckeye be a commercial corner.  He stated that it was an appropriate use and the area could support more commercial property in the future.  He stated that he wanted to see more diversity of lot sizes in the plan.  He stated that he did not feel that the extra 5,000 square  feet in the lots next to the dairy would solve any problems.  He stated that he would not object to the previous level of density because it would not solve any problems.

Jeff Proper, applicant, 3550 N. Central Ave., Suite 1200, Phoenix, stated that he had worked diligently over a long period of time to bring the project within a level that would be acceptable to staff and the Council.  He stated that he tried to bring the project as much into conformity as possibleand he lowered the density to under 3.42 with 251 lots.  He stated that he agreed to plainly and prominently display the fact that the project would be next to a dairy and to  disclose the proximity of the project to the substation.  He stated that the project complied with the General Plan and there were no deviations from the ordinance.  He stated that there was 12% of open space on the project and a road system was designed to control traffic.  He stated that he tried to increase the lot dimensions and have a buffer along the dairy.  He stated that the 48’ wide lots were changed to 50’ wide.  He stated that there was a comment about providing three different lot sizes and he thought he could do that.  He stated that as long as he could do 55’ and 60’ wide lots along the dairy, he would be able to provide a site plan and preliminary plat with an additional lot size.  He stated that the 58’ wide lots would be divided between 55’ and 60’ lots to provide three, builder oriented lot sizes. 

Mr. Proper stated that he spoke with the Littleton Elementary School District and the high school.  He stated that the Littleton School District had no problems with the project.  He stated that the high school district was very comfortable with the project and did not feel it would have a negative impact on enrollment.

Council Member Lynch stated that she wanted to thank the applicant for his patience as the Council worked through the issues.  She asked if there would be a homeowners’ association.

Mr. Proper stated that there would be CC&Rs and a homeowners’ association as part of the Real Estate Department’s approval and final platting process.

Council Member Lynch asked if the side yard setbacks would be five and ten feet on each side.

Mayor Drake stated that the information stated that there would be aggregate side yard setbacks.  He asked if that meant there would be five and ten foot setbacks along with ten and ten foot setbacks on the larger lots.

Mr. Proper stated that was correct.

Council Member Lynch stated that there would be a better mix of housing product if there could be 55’, 60’ and larger lots.  She stated that those would fit in better with the side yard setbacks.  She stated that she wanted to recommend Condition No. 9 as follows:  “There shall be no two-story houses along El Mirage or Lower Buckeye Road.” 

Council Member Lynch stated that to put a strip mall on the corner would not serve the purpose intended to serve.  She stated that the commercial site to the north, on the Gingg property, would serve what was needed.  She stated that she would not recommend commercial on that site.

Vice Mayor Rogers stated that she agreed with the three different lot sizes.  She stated that if more buffering was put on the larger lot sizes next to the dairy, it would not cut the smell but would help the farmer and the people who resided there.  She stated that she disagreed with the commercial corner and felt that the neighbors wanted a commercial piece on that corner.  She stated that any park improvements such as shade canopies in that area would be appreciated.

Council Member Jones stated that she wanted to thank Mr. Proper and Mr. Hilgart for working with staff and the neighbors on the lot widths.  She stated that she would remain opposed to the development because there was a lot of incompatibilities.  She stated that those involved not only the dairy but the gravel pits, PIR and the substation.  She stated that she wanted the thank the applicants for trying to mitigate what they had.  She stated that the staff report, stating that the project was in compliance with the general plan, and any potential litigation, caused her to support the item.

Council Member Lynch stated that there were individuals who were looking for horse property and that could be provided on the larger lots if not too much buffering was done.  She suggested that there be a sign posted in the sales office about the dairy. 

Mr. Proper stated that the information would be put at the beginning of the CC&Rs and be provided to each homeowner during escrow.  He stated that the information would also be on the plat that would be recorded.  He stated that he wanted to avoid having people come to the City Council or bother Mr. Pylman and he was willing to do what ever he had to, within reason.

Council Member Lynch again stressed the certificate on the wall had really worked in the cities that were affected by the Luke flyover zone. 

Mr. Proper stated that he had no problem with that.

Michael Pylman, 11903 W. Lower Buckeye, Avondale, emphasized that there were two large dairy farms next to each other that made up almost the largest dairy farm in the state.  He stated that there were over 5,000 cows there.  He stated that the buffer he was promised with Del Rio Ranch across the street was gone.  He stated that the proposed project would be put right on the fence line.  He stated that a power station was put to the back which lowered his property values.  He stated that he had been through a similar situation with his family in the east valley.  He stated that the people were relentless and would be at every meeting saying that there were odors, flies and cows.  He stated that he was not opposed to the project and understood that the applicant had property that he wanted to sell.  He stated that the facility next door was brand new in 1999.  He stated that the dairies were built for 20 years of life and Avondale had grown much faster than expected.  He stated that he just finished building two manure lagoons right on the fence line next to the proposed lots.  He stated that the lagoons were funded by the ASCS office with federal money for manure water storage. 

Mayor Drake asked for more input about the commercial corner.

Council Member Karlin stated that she was in favor of the commercial piece.

Council Member Jones asked if it would fall into the new neighborhood commercial category allowing a tire store or a Circle K.

Mayor Drake stated that there could be a Diamond Shamrock with about three acres.

Council Member Karlin stated that there was no guarantee what would go there.

Councilman Carroll stated that there was commercial going nearby on the Gingg property and that was enough.

Mayor Drake asked what the traffic projections were at that corner.

Mr. Fitzhugh stated that he had not seen any counts and had no real idea.  He stated that El Mirage did not extend there.  He stated that there could be some PIR traffic in that direction at some point.  He stated that perhaps someday Broadway Road would cross over Litchfield but he did not see a lot of activity.

Council Member Shuey stated that he believed it was not worth it for three acres and no one could predict how the commercial corner would be used.  He stated that three acres for a Diamond Shamrock station would bring issues.  He stated that the people on the northwest corner may not want their homes to back up to a 24-hour gas station with large, overhead lights.  He stated that given with what the developer had to work with, it made better sense to stick with residential.

Vice Mayor Rogers stated that there was a lot of traffic through the area associated with races at PIR on El Mirage Road.  She stated that the Los Ligas and Rio Vista communities wanted a Diamond Shamrock or they would not have asked for it.  She stated that she proposed that commercial be put there.

Mayor Drake stated that according to a majority of the Council, there would not be a commercial corner and there would be three different lot sizes.

Mr. Fitzhugh stated that there were eight conditions and Condition No. 9 would read, “There shall be no two-story homes on Buckeye Road and El Mirage Road.  He stated that there was also a suggestion to have a certificate on the wall as a disclosure statement for the dairy.  He stated that there would be ten conditions.

Council Member Jones asked if the substation could be added as part of the disclosure.

Mayor Drake stated that there was a mention of horse properties.

Mr. Fitzhugh stated that he did not see that happening.

Council Member Lynch stated that the City could not discriminate and there was only seven of those large lots.  She stated the City could not discriminate when the dairy was already there.

Mr. Fitzhugh stated that would be handled through the CC&Rs.

Council Member Shuey stated that the map showed one of the streets going to the edge of the property and asked if it would pass under the power lines.

Mr. Fitzhugh stated that it probably would because the power lines ran to the north. 

Andrew McGuire, City Attorney, read the ordinance by title.  Council Member Lynch moved to adopt the ordinance.  Councilman Carroll seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

Motion carried 5-2.  Council Member Karlin and Vice Mayor Rogers voted nay.

9)         ZONING CASE – Z00-001 – CW RANCH – AMENDMENT - ORDINANCE

            The Council considered an ordinance amending ordinance 756-00 regarding CW Ranch, 126 acres north of the northeast corner of 115^th Avenue and Buckeye Road.

Mr. Hileman, Acting City Manager, stated that the applicant asked that the item be continued to June 17^th in order to have another public hearing.

Council Member Lynch moved to continue Case No. Z00-001 to June 17, 2002.  Council Member Karlin seconded the motion.  Motion carried unanimously.

10)       PUBLIC HEARING – GENERAL PLAN - 3/18/02 DRAFT

Mr. Hileman, Acting City Manager, stated that the item was continued from the May 20, 2002 Council meeting in order to allow for further public comment and discussion.  He stated that Mr. Fitzhugh would discuss the changes made to date before opening up the public hearing for further comment.

Mr. Fitzhugh, Development Services Director/City Engineer, stated that staff tried to review the issues discussed at the two previous meetings.  He stated that at the southeast corner of 115^th Avenue and Thomas Road, it was determined that the land use designation should be medium density residential.  He stated that the Tait property to the northwest corner of 107^th and Buckeye Road was changed from industrial to medium density residential.  He stated that the Peggy Whooten property involved some environmental and clean up issues.  He stated that the county was aware of the problem and was told by the property owner that clean up activities would begin.  He stated that would be an item for review during the development process.  He stated that if any contaminant elements were found at that time, it would be the developer’s responsibility to work with ADEQ and the county to assure that the clean up was in conformance with applicable codes.  He stated that the archeological site was discussed and state regulations dictated how that was treated. 

Mr. Fitzhugh stated that the asphalt batch plant relocation was discussed twice on May 6^th and May 20^th.  He stated that the motion was to have it remain as proposed.  He stated that Desert Springs, another item discussed, was currently shown as medium-high density residential.  He stated that it was in conformance with the zoning approved at that time.  He stated that the property was west of 115^th Avenue north of Van Buren, midway between the river and 115^th Avenue.  He stated that the proposed general land use of the surrounding properties were mixed use, employment, commercial and high density type uses.  He stated that on May 20^th , the Council changed the land use designation from medium density to mixed use commercial.  He stated that a comment matrix was included that contained changes that were made as a result of the PAC meetings and changes that were a result of the Planning and Zoning Commission meetings.  He stated that the City was poised to take the general plan to the voters for ratification on September 10, 2002. 

Council Member Lynch asked if both the Whooten and Vogel properties were county land.

Mr. Fitzhugh stated yes.

Council Member Lynch asked if it was in the City’s planning area but not within the City.  She asked if it meant that was how the City would develop it if it was annexed.

Mr. Fitzhugh stated that was correct.

Council Member Lynch stated that she reviewed the comments matrix and felt comfortable with it.

Council Member Lynch moved to continue the item to June 17, 2002.  Council Member Shuey seconded the motion.

Councilman Carroll asked if a delay would still allow enough time to get the ballot printed.

Mr. Hileman stated that staff was notified by the County Elections Department that the City had until June 18^th to notify them whether the City wished to be placed on the September ballot.  He stated that a definite answer was needed on June 17^th.

Vice Mayor Rogers asked why the item was being continued that evening.  She asked if there were no issues, if the item could be voted on that evening.

Mr. McGuire, City Attorney, stated that the item was not put on the agenda that evening as a resolution for action. 

Mr. Fitzhugh stated that staff advertised the item for June 17^th.  He asked for the current hearing to be continued to a public hearing on June 17^th.

Mr. McGuire stated that if Mr. Fitzhugh was absolutely certain about that, no motion was needed that evening.

Mayor Drake declared the item continued to June 17, 2002.

11)       PUBLIC HEARING – SPECIFIC PLANS

            The Council discussed and solicited public comments on the proposed changes to the Specific Area Plans for potential adoption on June 17, 2002.

Mayor Drake declared the item continued to June 17, 2002.

Mayor Drake asked that Mr. Hileman to follow up to be sure that everything was posted on the general plans and specific area plan amendments so that the City did not miss the date.

12)       PUBLIC HEARING – RESOLUTION – ADOPTION OF 2002-2003 TENTATIVE BUDGET AND EXPENDITURE LIMITATION

The Council allowed public comment on the proposed Expenditure Limitation and considered a resolution adopting the FY 2002-2003 Tentative Budget.

Kevin Artz, Director of Budget and Finance, presented the 2002-2003 Fiscal Year Tentative Budget for public comment and adoption by Council to establish the City’s annual expenditure limitation at $137,202,074.  He stated that the public hearing for the final budget adoption and review of the proposed tax levies was scheduled for July 1^st.

Mayor Drake asked for public comment.  None were received.

Mr. McGuire, City Attorney, read the resolution by title.  Council Member Lynch moved to adopt the resolution.  Council Member Karlin seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

Motion carried unanimously.

13)       3^RD QUARTER BUDGETARY REPORT FOR PERIOD ENDING 3/31/02

City Staff presented the 3^rd Quarter Budgetary Report for the period ending 3/31/02.

Kevin Artz, Director of Budget and Finance, stated that the City had been very fortunate, even with the slowing economy, and had done very well concerning the revenues.  He stated that the revenues of all funds, at the end of the 3^rd quarter, were at $49,700,000.  He stated that the City was at $40 million on the expenditure side.   He stated that local sales tax was at 96% of the budget through the 3^rd quarter.  He stated that the City was projected to exceed the budget and have approximately $9.5 million in sales tax.  He stated that intergovernmental revenue including the state shared revenue and income tax was at 75%.  He stated that licenses and permits were at 100% through the 3^rd quarter and one of the reasons that was above the projection was because the building permit calculations were changed.  He stated that increase was not completely calculated in when the budget was done.  He stated that was why it was up so dramatically. 

Mr. Artz stated that fines and forfeits were fairly close to budget and the other number included the land sale at Coldwater.  He stated that was why that amount was so far over budget on the revenue side.  He stated that the half cent sales tax was coming in as projected and was $1.7 million.  He stated that was approximately $25,000 over budget.  He stated that the projection of $2.3 million would be met.  He stated that was important because that revenue stream was being leveraged and bonded out with the bond transaction to borrow approximately $23 million to fund water, sewer and street projects.

Council Member Lynch asked why the general government development fees lagged so much behind all of the others.  She stated that it was at 30% while the others were at 106 to 184%.

Mr. Artz explained that the development fee of $3.1 million was projected borrowing a bond issuance.  He stated that was not all development fees.  He stated that approximately $2.5 million was projected of bonds.  He stated that the development fees were coming in ahead of budget.  He stated that the same was seen in street construction where there was a $6 million bond and it was only 17.2%.

14)       PUBLIC HEARING – ZONING CASE TA02-544 – TEXT AMENDMENT – CARPORT REGULATIONS - ORDINANCE

The Council allowed public comment and considered an ordinance amending the Zoning Ordinance Section 703 relating to carports in residential infill neighborhoods.

Mr. Hileman, Acting City Manager, stated that on December 20, 2001, the Planning and Zoning Commission directed staff to prepare a text amendment to Section 703 of the City of Avondale Zoning Ordinance to create regulations for carports in residential infill neighborhoods.  He stated that was due to illegal carports being erected.  He stated that the Commission recommended that the regulations be relaxed in certain parts of the City in the infill incentive district areas.  He stated that those areas had smaller lots and it was more difficult to construct garages. 

Mr. Fitzhugh, Development Services Director/City Engineer, stated that the Planning and Zoning Commission requested that staff review the issue and develop an ordinance and series of guidelines.  He stated that staff defined the description of a carport, what areas would allow the carports, height limitations, design color and materials for construction, setbacks, how to deal with existing carports and carports in the rear yard of the lots. 

Vice Mayor Rogers stated that in talking with Mr. Fitzhugh that afternoon, there were a lot of unanswered questions that prevented her from being ready to make a decision.

Vice Mayor Rogers moved to continue Case No. TA02-544 to July 1, 2002.  Council Member Karlin seconded the motion.

Mr. Fitzhugh asked for clarification on the points Vice Mayor Rogers wished to have addressed.

Vice Mayor Rogers stated that if she and Mr. Fitzhugh could set up a meeting, she could provide that information at that time.  She stated that if any other Council members had questions, they should meet with staff also.

Council Member Lynch asked if direction could be given quickly.

Mr. Fitzhugh stated that clarification was needed on the word “posts”.  He stated that there were different means of construction.  He stated that the color aspect needed to be reviewed concerning how to paint an aluminum structure.  He stated that specific areas in the infill zones with larger lots, such as Glen Arm Farms, needed to be addressed.  He stated that the ordinance led one to believe that carports would be allowed only in infill zones.

Council Member Shuey asked if he read correctly that someone wishing to paint their existing carport with a front setback of five feet had to tear it down.  He stated that would bring it into compliance with an eight foot setback.

Mr. Fitzhugh stated that would seem to be an extreme and staff needed to look at how that was worded.  He stated that the intent was that there were three to four carports recently constructed that went through a variance process and were denied.  He stated that the idea would be to allow existing carports.  He stated that the ones that recently came through that did not meet the intent of the code needed to come back in and make modifications to their structures.  He stated that was an item that Vice Mayor Rogers wanted to go over with staff to see how that would be applied.

Council Member Lynch stated that she had those same questions.  She asked if the setbacks for the carports were allowed to be less than the setbacks for the house.  She stated that did not make sense when she read it.  She stated that since the lots were small, one could block their neighbor’s view by putting a carport ahead of both houses.  She asked how the remodels would be enforced.  She stated that if the square footage was small enough, no permit was needed.  She asked how staff would know the construction happened and be able to enforce it.  She asked in areas with CC&Rs such as Glen Arm Farms and Rancho Sante Fe, if a stipulation was needed to say that it did not intend to override the CC&Rs in place.

Mr. Fitzhugh stated that language could be added to that effect because that was not the intent.

Vice Mayor Rogers asked for clarification on the difference between a carport and a canopy and how that would be addressed.

Motion carried unanimously.

15)       PUBLIC HEARING – ZONING CASE Z01-528-TA – TEXT AMENDMENT – OUTDOOR LIGHTING - ORDINANCE

The Council allowed public comment and considered an ordinance amending the Zoning Ordinance to provide standards for outdoor lighting.

Council Member Lynch stated that she wanted to thank staff, David Fitzhugh, Development Services Director/City Engineer and Dan Davis, Director, Community Recreation Services, for their patience.  She stated that she assumed that the new ordinance would apply to the new TSA fields.

Dan Davis, Director, Community Recreation Services, stated that the provisions within the ordinance allowed for the provisions he envisioned to comply with the lighting there and be fully shielded.

Council Member Lynch wondered if courts were excluded in error.  She stated that she was still concerned about contiguous versus the problem faced in Rancho Sante Fe.  She stated that some of the information discussed residential lighting and security lighting on sides of houses and ground level.  She asked how that would be enforced.

Mr. Fitzhugh stated it was on a complaint basis. 

Council Member Karlin stated that she had been working with staff on the item.  She stated that the ordinance would not affect existing lighting.  She stated that staff was looking at lighting in different neighborhoods.  She stated that the new ordinance did not just address recreational use. 

Mr. Fitzhugh stated that was correct.

Council Member Karlin stated one could see how bright Nevada Bob’s lights were when driving on McDowell.  She asked if there had been any complaints from the residents in Garden Lakes because those lights were brighter that those in Friendship Park.

Mr. Fitzhugh stated that he had not heard any complaints since he had been with the City.

Council Member Karlin stated that there were other areas that had not been discussed such as the Mountain View Park.  She stated that there had been several complaints regarding the lighting. 

Mr. Davis stated that the lighting at the existing facilities was older and not shielded.  He stated that when improving those areas, staff would look to implement the new technologies to soften some of that impact.

Council Member Karlin asked if flood lights in yards were addressed. 

Mr. Fitzhugh stated that it was not the intention to get into that level of regulation.  He stated that CC&Rs had provisions for that type of lighting.

Council Member Lynch asked what would happen if someone was in a neighborhood where later, ten soccer fields were constructed with 200 foot high poles.

Mr. Davis stated that the City went through a very strenuous public hearing process and that would be a key ingredient when recommending sites to the Council.  He stated that the lights could be shielded, and set back from property lines. 

Council Member Shuey asked if the ordinance would affect the operation of school football and baseball fields.

Mr. Davis stated that he believed that would fall under the recreational provisions and be exempt.

Mr. McGuire, City Attorney, stated that there was no exemption for schools with respect to that type of land use regulation.  He stated that the recreational provision should apply.  He stated that meant that the newest high school coming on line should apply  the standards. 

Mr. McGuire, City Attorney, read the ordinance by title.  Vice Mayor Rogers moved to adopt the ordinance.  Council Member Karlin seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

Motion carried unanimously.

16)       PUBLIC HEARING – ZONING CASE Z01-529-TA – TEXT AMENDMENT – LOT WIDTHS AND OPEN SPACE – ORDINANCE

The Council allowed public comment and considered an ordinance amending the Zoning Ordinance by revising the lot standards and open space requirements for all new single-family residential subdivisions.

Mr. Hileman, Acting City Manager, stated that the ordnance would revise the lot standards and open space requirements for all new single family residential subdivisions.

Mr. Fitzhugh, Development Services Director/City Engineer, stated that comments were received from the Home Builders’ Association.  He stated that one recommendation was that Section 3, subsection 2, should read ,“The development have a minimum of two different lots sizes with no one lot size less than 20%.”  He stated that a recommendation from the Planning and Zoning Commission was that there be a minimum of two lot sizes overall.  He stated that staff worked with the Home Builders’ Association to take their comments into consideration.  He stated that he had some concerns on how to move forward and more internal discussion was needed.

Vice Mayor Rogers agreed that the item needed to be looked at closely.

Vice Mayor Rogers moved to continue the item to July 1, 2002.  Council Member Karlin seconded the motion.

Mr. McGuire, City Attorney stated that if the Mayor wished to open and continue the public hearing to July 1^st, the item would need to be renoticed.

Jerry Levitt, Home Builders’ Association, 3200 E. Camelback Rd., Phoenix, stated that in the interest of time, he would agree with a recommendation to continue the item to July 1, 2002.  He stated that would allow him the opportunity to contribute to the solution.

Council Member Lynch asked if Mr. Fitzhugh could be given direction regarding comments from the Home Builders’ Association so that he could be prepared for the meeting to be held on July 1^st.  She stated that she wanted to see at least three lot sizes per development.  She stated that if there were communities within a development, she wanted to see three lot sizes within those communities.  She stated that she had a grave concern for the infill areas and wanted to see the City reserve the right for the Council to look at each application that came in.  She stated that she wanted to look at the lot sizes on a case by case basis.  She stated that she wanted to see minimum lot sizes of 55 feet wide and 6,000 feet.  She asked what the difference was between Section 202.g and 609.f and why one called out 6,000 while the other called out 5,000.

Mr. Fitzhugh, Development Services Director/City Engineer stated that Section 202.g referred to a hard zone and Section 609.f dealt with P.A.D.s.

Council Member Lynch stated that on some of the larger lots, she wanted to see more side setbacks.  She stated that the homeowner-to-be could put the house on the site as long as they allowed for six feet on one side.  She stated that to have RV gates, there needed to be a minimum of ten feet.  She stated that in regard to approvals, she wanted to see the Council have the opportunity for approval.

Mr. McGuire stated that the proper procedure would be to withdraw the motion, discuss the item and reassert the motion.  He stated that for convenience sake, he would let staff offer suggestions.

Mayor Drake asked Vice Mayor Rogers if she wished to withdraw her motion or continue the item.

Vice Mayor Rogers stated that she wished to continue the item.

Mayor Drake stated that all comments would be held because that was the correct thing to do.

Mr. McGuire stated that when there was a motion for continuance on the floor, the rules that the Council adopted would only allow for discussion on the continuance.

Motion carried unanimously.

17)       PUBLIC HEARING – ZONING CASE Z01-530-TA – ZONING ORDINANCE SECTION 107 AND 111 – ORDINANCE – PUBLIC NOTICES – APPEALS & VARIANCES

The Council allowed public comment and considered an ordinance amending the Zoning Ordinance Sections 107 and 111 eliminating conflicts with recently adopted text amendments dealing with appeals and variances and public notification.

Mr. Hileman, Acting City Manager, stated that the item would ensure continuity in Sections 107 and 111 of the Avondale Zoning Ordinance.  He stated that it would eliminate conflicts with recently adopted text amendments.  He stated that it would apply to housekeeping issues to ensure that there was continuity of the appeals and variance process and notification of public hearings.  He stated that staff had been asked to look at an issue regarding installation of 4’x8’ public notice signs and who should install those.

Mr. Fitzhugh, Development Services Director/City Engineer, stated that in accordance with a request by the Council at the last meeting, staff did some research on the item.  He explained that currently the developer is responsible for posting.  He stated that the city reviews the wording prior to posting and after notices are posted the developer provides the city with an affidavit that it was done in accordance with the code.  Mr. Fitzhugh assured the Council that staff does confirm the posting.  He stated that staff found that when the City administered the contracts to have public notification signs installed they did not have outstanding success and there were some issues in terms of timing, proper wording and quality control.  He stated that staff recommended and preferred that the City continue on the current path. 

Council and Staff discussed what other cities are doing.  Mr. Fitzhugh stated that it was being done both ways.

Council Member Lynch stated that it was okay if staff felt that they had a good handle on it and the signs would be up when they should be and not so small that they could not be read. 

Mr. McGuire, City Attorney, read the ordinance by title.  Vice Mayor Rogers moved to adopt the ordinance.  Council Member Jones seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

Motion carried unanimously.

18)       DISCUSSION ITEMS

Jeff Billington, West Valley View, stated that he was leaving the West Valley View and this was his last meeting.  He stated that he came to Avondale one month out of college and it had been an extraordinary experience for him to learn about journalism.  He stated that the 14^th of June was his last day at the West Valley View.  He stated that he would start a job as Communication Specialist for the Arizona Farm Bureau that preceding Monday.  He stated that he wanted to thanked everyone for being very available and open to him.  He stated that Pier Simeri, Public Information Officer, was Avondale’s number one asset.  He stated that there were so many stories about Avondale that never would have been told had it not been for her.  He stated that Ms. Simeri had done so much for the City through him.  He stated that he wanted to thank everyone for helping him, answering his questions and putting up with him.  He stated that he always tried to be very fair and hoped that not only the City, but the community could see that.

Council Member Lynch stated that the City had experienced the fairest and most positive reporting that could be counted on since Mr. Billington had been at the West Valley View and she appreciated what Mr. Billington had done for Avondale.

Council Member Shuey stated that Mr. Billington did a wonderful job in providing fair, balanced reporting of the news of Avondale in the West Valley View.  He stated that the community benefited as a result.  .  He stated that Mr. Billington did a great job of presenting the facts without bias.

Council Member Jones thanked Mr. Billington for being at Avondale the past couple of years and stated that his efforts were greatly appreciated and she wished him well in his new endeavor. 

Council Member Karlin stated that she wanted to echo what everyone had said.  She stated that it was a great loss and felt like a member of the family was leaving.

Vice Mayor Rogers thanked Mr. Billington.  She stated that she appreciated his efforts and the stories he had done.  She stated that Mr. Billington had covered a lot of the history in addition to news events in the City.  She stated that was very important to the residents and thanked him.

Mayor Drake stated that Mr. Billington had reported the facts and that was all the Council asked for.  He stated that when something bad happened in the City, it had to be reported.  He stated that if something good happened, it had to be reported.  He stated that he appreciated Mr. Billington for doing just that.  He stated that had had seen Mr. Billington grow as a writer in the last two years and thought his writing was superb.  He stated that he thought Mr. Billington would have a great future.  He stated that he was very excited for him and asked who would be his replacement.

Mr. Billington stated that he believed Anna Ford would be his replacement.  He stated that Ms. Ford had done some feature writing recently and covered the City of Tolleson as well.

Mr. Billington stated that he would be covering agriculture throughout the state and if anything like that was happening in Avondale, he could be reached at the Farm Bureau of Arizona.

19)       EXECUTIVE SESSION

Council Member Lynch moved to adjourn to executive session pursuant to Ariz. Rev. Stat. § 38-431.03 (A)(4) for discussion or consultation with the City’s attorney in order to consider its position and instruct the City’s attorney regarding the council’s position regarding (i) possible litigation regarding Desert Springs Subdivision and (ii) contract negotiations with potential auto mall tenants.  Vice Mayor Rogers seconded the motion.  Motion carried unanimously.

ADJOURNMENT

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

Meeting adjourned at 9:50  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 3^rd day of June, 2002.  I further certify that the meeting was duly called and held and that the quorum was present.

                     City Clerk