3)                  APPROVAL OF MINUTES

Vice Mayor Lynch moved to approve the minutes of the Special Meeting of January 12, 2004 and the Regular Meeting of January 20, 2004 as amended.  Council Member Shuey seconded the motion.  Motion carried unanimously.

4)         RECOGNITION ITEMS (MAYOR PRESENTATIONS)

There were no recognition items at that time.

5)         UNSCHEDULED PUBLIC APPEARANCE

Mayor Drake stated that on January 26, 2004, a Memorial Celebration was held to recognize the dedication of military personnel serving the United States of America.  He presented a certificate to Bill Lies, Sundt Construction for help with the Veteran’s memorial.

Mayor Drake presented a certificate of appreciation to the Jim Burke, Commander and Frank Whitten, Former District Commander of the American Legion, Post 61, for their efforts.

6)         SCHEDULED PUBLIC APPEARANCE

            b.         Corte Sierra PTSA

Brent Heiss, 12812 W. Weldon Ave., Avondale, presented $1,000 to Officer Craig Kaufman, School Resource Officer, for the DARE Program for Corte Sierra School from the Corte Sierra PTSA.

Officer Kaufman, Officer, thanked the PTSA and City Council.

Mayor Drake stated that he appreciated Officer Kaufman’s dedication.

Mayor Drake introduced the new Chief of Police, Kevin Kotsur.

            a.         Billy Moore Days Discussion – Sharolyn Hohman

Sharolyn Hohman, President, Chamber of Commerce, complimented Avondale on it programs and stated that it was a joy to work with the Council, staff and citizens of the City of Avondale.She stated that the growth that Avondale is experiencing is mirrored in quality.  She stated that the Veteran’s Memorial is great.

Dan Davis, Community Recreation Director, stated that because of site retraints at Coldwater Park, after a meeting with the Chamber committee to review the past Billy Moore Days celebration, staff is recommending that the Billy Moore Days Parade be held on Western Avenue and the event at Friendship Park.  He stated that there were very large fields at the site, a cul-de-sac for the carnival areas, areas for soccer and football activities and parking.

Council Member Carroll stated that he did not object to moving the event to Friendship Park and asked if there would be transportation to the park.

Ms. Hohman stated that in the past, arrangements were made for shuttle service and that could be done again.  She stressed the need to move the event because of parking and dust.

Mayor Drake asked how many parking spaces would be needed.

Mr. Davis stated that approximately 450 parking spaces would be needed.

Mayor Drake stated that he would not be in favor of using the park for the event.  He stated that if the grass had taken root, it would be a different situation.  He stated that he did not know if the TSA would appreciate use of the park for the event.  He stated that in a few years, it may be an option but at the present time, he did not want to see the park trampled.

Council Member Rogers stated that she was concerned about having the event at Friendship Park for the same reasons as well as not wanting to leave anyone out but did not see another available venue.  She stated that Coldwater Park was not an option and would encourage having the event at Friendship Park.  Council Member Rogers stated that staff has reviewed this option and believes this would work.  She sited the dust as a major concern.  She encouraged the Council to allow this event at Friendship Park.

Mayor Drake asked if the event had to be held in Avondale.

Ms. Hohman stated that the event had been held at St. John Vianny Church in Goodyear for a number of years.  She stated that over the years this has become an Avondale event and feels there is ownership here for it.  She stressed that the citizens support the event and rely on it.

Council Member Shuey suggested that other sites with asphalt be considered.

Ms. Hohman stated that using a site with asphalt often had parking issues.

Vice Mayor Lynch stated this is Avondale’s heritage and she would have a hard time holding the event outside of Avondale and felt Avondale had to celebrate its heritage.  She stated that it was Avondale’s event and it should not be held elsewhere.

Council Member Wolf stated that he was not concerned about moving the event to a different location but was concerned about having it at Friendship Park.  He asked if the event could be held at Phoenix International Raceway (PIR).

Ms. Hohman stated that would be PIR’s busy time of year.

Vice Mayor Lynch asked if staff looked at having the event at St. Thomas Aquinas or Estrella Mountain Community College.

Ms. Hohman stated that she had not looked at St Thomas but had at one time looked at Estrella College and their land is being used up by buildings.

Vice Mayor Lynch stated that may be an option and felt other venues with paved areas should be looked at.

Mayor Drake asked if staff spoke with the TSA about the matter.

Mr. Davis stated that he had not and stated that he believes this would be a local decision.

Council Member Wolf stated that if Friendship Park was the only option, something should be done to protect the fields.

Council Member Earp stated that he agreed if this is the only option.  He asked about the possibility of a stablizer being used to cut down on the dust.  He asked what staff believed the damage would be to the fields at Friendship Park.

Mr. Davis stated that the dust problem near Coldwater Park is on private property which is possibly going to be developed soon.  He stated the integrity of the fields would be protected by having heavy equipment in the paved cul-de-sac area.  He explained that the paved areas will accommodate heavy equipment.  He stated that activities would be carefully placed to minimize potential damage.

Council Member Earp stated that if this is the only site he is not opposed to using it.  He stated that he would not be opposed to moving the event to Goodyear as long as it was centrally located to Avondale.

Mayor Drake asked that other sites be looked at and felt that more information was needed on the overseeding issue.

Ms. Hohman thanked the Council for their consideration of the matter.

7)        CONSENT AGENDA

a.         ARIZONA BEEMAN DRILLING – DRILLING AND WELL INSTALLATION

            Bid awarded to Arizona Beeman Drilling for the purpose of drilling and installing replacement Well 16 for an amount not to exceed $229.972.00.

b.         AZTEC – CHANGE ORDER – AVONDALE BOULEVARD ROAD AND SEWER IMPROVEMENT PROJECT

            Change Order 1 to the AZTEC Engineering Design contract in the amount of $188,066.00 for the Avondale Boulevard Sewer and Road Improvement Project. 

            c.         AREA AGENCY ON AGING – RENEWAL APPLICATION

            Application to renew the contract with Area Agency of Aging, Region I, Inc for the continuation of the Congregate Meals, Home Delivered Meals, and Multipurpose Center Operations Programs for FY 2004-2005.

            d.         4 SONS FOOD STORE LIQUOR LICENSE

            Application from Kent Bro for a Series 10 – Off-Sale Retailer’s license to sell beer and wine at 4 Sons Food Store, 13085 West Rancho Santa Fe Boulevard.

e.         PURCHASE AND INSTALLATION – WIRELESS COMMUNICATIONS – WELL 8, WELL 16, WELL 19, AND COLDWATER BOOSTER STATION

            Contract with Ellucre Corporation for the installation of wireless network communications at Well 8, Well 16, Well 19 and Coldwater Booster Station in the sum of $83,479.59 with a recurring annual cost of $6,660.00.

f.          MAINTENANCE AGREEMENT – PRINTERS, FAX MACHINES AND COPIERS – XEROX CORPORATION

            Enter into a maintenance agreement with the Xerox Corporation for 21 printers, 11 fax machines and 13 copiers for the amount of $37,748.00.

g.                  RESOLUTION – INTERGOVERNMENTAL AGREEMENT – DRUG ENFORCEMENT ADMINISTRATION

            Resolution authorizing an intergovernmental agreement with the United States Department of Justice, Drug Enforcement Administration for the purpose of assigning an Avondale Police Officer to the DEA Phoenix Task Force.

Andrew McGuire, City Attorney, read Resolution 2405-04 by title only.  Vice Mayor Lynch moved to adopt the resolution and to approve the consent agenda.  Council Member Wolf seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

Motion carried unanimously.

8)         ECONOMIC DEVELOPMENT AGREEMENT – PHOENIX INTERNATIONAL RACEWAY

Economic Development agreement with PIR to provide an economic incentive not to exceed $90,000.00 to facilitate the buyout of PIR’s lease with the Arizona Center, thereby allowing PIR to occupy space in a newly constructed office building at the Avondale Civic Center.

Jeff Fairman, Economic Development Director, stated that when staff was looking for private sector clients, PIR was one of the first approached.  He stated that there would be a Class “A” building with 35 to 40 private sector professionals.  He explained that they are only taking half the building.

Council Member Rogers thanked Bryan Sperber, PIR President, for taking the project on and stated that it was exciting to have the employment opportunities

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

9)         O’BRIEN & ASSOCIATES FEDERAL LOBBYING CONTRACT EXTENSION

Expend $10,000.00 to participate with West Valley cities in the continuation of the federal contract with O’Brien and Associates for issues relating to Luke Air Force Base.

Kristin Greene Skabo, Intergovernmental Affairs Manager, stated that Luke Air Force base was facing a number of problems with the encroachment of the cities.  She stated that the federal lobbying contract would be continued and expanded and Avondale was being asked to contribute $10,000.

Vice Mayor Lynch stated that it was very important to move forward with the item and she was very much in favor of the contract.

Council Member Carroll stated that the economic benefit of Luke Air Force Base was not of great concern to him.  He stated that the most important benefit was the defense of the country.  He stressed that he supports the base staying where it is and operating.

Council Member Rogers asked if progress reports would be provided.

Ms. Skabo stated that she would forward those to the Council.

Mayor Drake asked how much the City Manager was allowed to expend without Council approval.

Todd Hileman, City Manager, stated that he was authorized to expend $25,000 but wanted to bring the item to the Council to keep the Council informed on this contract continuing.

Vice Mayor Lynch moved to approve the item as recommended.  Council Member Wolf seconded the motion.

Mayor Drake asked that Ms. Skabo keep the Council apprised of further information.

Motion carried unanimously.

10)       DISCUSSION ITEMS

There were no items for discussion at that time.

11)       EXECUTIVE SESSION

Vice Mayor 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) threatened litigation in the McGrath matter, (ii) negotiations relating to a pending economic development agreement, and (iii) the Redelsperger matter.  Council Member Wolf seconded the motion.  Motion carried unanimously.

ADJOURNMENT

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

Meeting adjourned at 8:41 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 2^nd day of February, 2004.  I further certify that the meeting was duly called and held and that the quorum was present.

                     City Clerk