Minutes of the regular meeting held
January 6, 2003 at 7:00 p.m. in the Council Chambers.
Members Present
Mayor Ronald Drake and Council Members Peggy
Jones
Stephanie
Karlin
Betty
Lynch
Albert
Carroll, Jr.
ALSO PRESENT
Todd Hileman, City Manager
Andrew McGuire, City Attorney
ABSENT/EXCUSED
Marie Lopez Rogers
Raymond Shuey
STATEMENT BY THE CITY CLERK
Linda Farris, City Clerk, read a statement regarding public
appearances.
4) SCHEDULED
PUBLIC APPEARANCE
Calvin Terrell read an excerpt from the speech, “I Have A
Dream”, by Martin Luther King, Jr.
Mayor Drake read the Martin Luther King Day Proclamation
which proclaimed January 20, 2003, as Martin Luther King Junior Day.
2) CITY
MANAGER’S REPORT
Introduction of Rachel Burke,
Economic Development Research and Marketing Analyst
Todd Hileman, City Manager, introduced Rachel Burke, Economic
Development Research and Marketing Analyst.
Ms. Burke provided a brief description of her background.
Tourism and Sports Authority
Grant and Friendship Park Update
Dan Davis, Community Recreation Director, stated that the
Tourism and Sports Authority approved the intergovernmental agreement on
December 12, 2002. He explained that a change was made regarding the interest
rate that was calculated within the schedule of payments. He stated that the
first project contract agreement needed to be awarded by March 31, 2003 and
that the construction contract would be awarded in April and construction would
begin in May. He stated that the first TSA installment payment had been made.
He stated that the project would be moved forward to build a Youth Sports
Complex that everyone in the City and the west valley could be very proud of.
Mayor Drake asked if considerations were made about water
conservation.
Mr. Davis stated that staff was researching artificial turf.
Mr. McGuirestated that the new agreement with the changes
included would be brought to the Council at the next meeting.
Police Volunteer Program
Stephen MacKinnon, Police Chief, brief the Council on a
proposed volunteer program of community service officers (CSOs). He stated
that an orientation meeting would be held January 23rd. He stated
that the community services officer would work inside and outside of the office
to take lower level calls and assist with various duties. He stated that the
program had been very successful throughout the nation.
Council Member Karlin stated that she was very exited about
the program and knew that it had been extremely well received in other cities.
She asked how long the training period would be.
Chief MacKinnon stated that general training would be
provided to all volunteers with additional training in specific areas of
interest.
Council Member Karlin asked if there was an age limit.
Chief MacKinnon stated that for insurance purposes, the age
limit was 18 years old. He stated that there was an explorer program for those
younger than 18.
Council Member Lynch stated that the program had been a long
time objective of hers and she was pleased to see it come to fruition. She
asked that the members of the Citizen’s Police Academy receive written
notification of the program. She asked about life insurance because this type
of program sometimes caused problems for volunteers regarding life insurance
coverage.
Chief MacKinnon stated that workers compensation and
liability insurance would be provided and he would look into the issue of life
insurance.
Council Member Lynch asked about the size of the volunteer
force.
Chief MacKinnon stated that he would like to see 20 to 40 volunteers.
Council Member Lynch asked what the liability to the City
was if someone was hurt.
Andrew McGuire, City Attorney, stated that umbrella coverage
would be purchased if necessary.
Mayor Drake stated that it would be great to see the
volunteers patrol some of the parks and neighborhoods.
Council Member Jones stated that it looked like a great
program.
3) APPROVAL
OF MINUTES
Council Member Lynch moved to
approve the minutes of the special meeting of December 10, 2002 and the regular
meeting of December 16, 2002 as amended. Council Member Carroll seconded the
motion. Motion carried unanimously.
5) UNSCHEDULED PUBLIC APPEARANCE
There were no unscheduled public appearances at that time.
6) CONSENT AGENDA
Council Member Lynch asked that Item No. “6.i” be pulled
from the consent agenda for individual consideration.
Council Member Karlin asked that Item No. “6.l” be pulled
from the consent agenda for individual consideration.
a. RESCHEDULING
OF FEBRUARY 17, 2003 REGULAR COUNCIL MEETING
Authorization to reschedule the February
17, 2003 regular council meeting to Tuesday, February 18, 2003 in observance of
Presidents’ Day.
b. RESOLUTION
– AMENDMENT - INTERGOVERNMENTAL AGREEMENT – CITY OF GLENDALE – LANDFILL
SERVICES
Resolution
authorizing an amendment to the City of Glendale Landfill intergovernmental
agreement allowing Avondale residents to deliver waste tires to the Glendale
Landfill at a cost of $3.00 per tire.
c. ORDINANCE
– MAP OF DEDICATION – THOMAS ROAD – LITCHFIELD ROAD TO DYSART
Ordinance approving a map of dedication
which will contribute right-of-way along portions of Thomas Road from Litchfield Road to Dysart Road that lie within the Avondale city limits.
Please
note: Item “6.c” was reconsidered (see below).
d. RESOLUTION
– TRANSIT PLAN INTERGOVERNMENTAL AGREEMENT – ARIZONA DEPARTMENT OF
TRANSPORTATION
Resolution
authorizing an intergovernmental agreement with the Arizona Department of
Transportation to allow the use of Formula 5303 and 5313 funds totaling $80,000.00
to contract with a transportation consulting firm to produce a transit plan
that addresses the needs of the Avondale Urbanized Area over a three-year,
five-year, and ten-year period.
e. LIQUOR LICENSE –
NATIVE NEW YORKER
Application
from Amy Nations, MJSALEH, LLC. Native New Yorker for a Series 16 (state series
12) Restaurant license to sell spirituous liquors at a new restaurant to be
located at 10220 West McDowell Road #160.
f.
RESOLUTION – ADOPTING COUNCIL GOALS FOR FISCAL YEAR 2003-04
Resolution
establishing priority goals for fiscal year 2003-2004.
g. RESOLUTION – AMENDING
COUNCIL RULES OF PROCEDURE
Resolution
amending the City Council Rules of Procedure relating Section 15 Boards,
Commissions and Committees, subsection 15.5 Terms, Vacancies, Removal by
creating subsection I which requires incumbent members seeking reappointment to
reapply with new applicants.
Bill Costello, 1801 N. 127th Drive, Avondale,
stated that he did not agree with requiring incumbent members seeking
reappointment to reapply with new applicants.
h. ORDINANCE
– ANNEXATION OF DURANGO STREET BETWEEN 115TH AVENUE AND EL MIRAGE ROAD
Ordinance
annexing the north side of Durango Street between 115th Avenue and El Mirage Road.
j. CASHION/AVONDALE SIDEWALKS
PHASE 2 – CONSTRUCTION CONTRACT AWARD – CARSON CONSTRUCTION
Construction
contract for the Cashion/Avondale Sidewalks, Phase 2 Project with Carson
Construction in the amount of $390,114.06.
k. FINANCIAL ADVISOR
SELECTION
Authorization
to select Stone and Youngberg LLC for financial advisor services.
Andrew McGuire, City Attorney, read Resolution Nos. 2339-03,
2340-03, 2341-03, 2342-03, and Ordinance No. 906-03 for the above consent Item
Nos. “6.b, d, f, g” and “6.h” by title only. Council Member Lynch moved to
adopt the resolutions and ordinance and to approve the amended consent agenda,
Item Nos. “6.a, b, d, e, f, g” and “6.h”. Council Member Karlin seconded the
motion. ROLL CALL VOTE AS FOLLOWS:
|
|
|
|
Council Member Karlin
|
Aye
|
|
Council Member Lynch
|
Aye
|
|
Council Member Carroll
|
Aye
|
|
Mayor Drake
|
Aye
|
Motion carried
unanimously.
i. ORDINANCE – RIGHT-OF-WAY ACQUISITION - INDIAN SCHOOL ROAD 20 INCH WATERLINE – JOHNSON STEWART
Ordinance
authorizing the acquisition of right-of-way needed to complete the Indian
School 20 inch waterline project.
Council Member Lynch asked that the item be continued so
that additional information could be provided.
Todd Hileman, City Manager, provided a brief description of
the item.
Council Member Lynch stated that she meant to address Item
No. “6.c” instead.
Andrew McGuire, City Attorney, read Ordinance No. 903-03 by
title only. Council Member Lynch moved to adopt the ordinance and to approve
Item No. “6.i” as recommended. Council Member Carroll seconded the motion.
ROLL CALL VOTE AS FOLLOWS:
|
|
|
|
Council Member Karlin
|
Aye
|
|
Council Member Shuey
|
Aye
|
|
Council Member Carroll
|
Aye
|
|
Mayor Drake
|
Aye
|
Motion carried
unanimously.
c. ORDINANCE
– MAP OF DEDICATION – THOMAS ROAD – LITCHFIELD ROAD TO DYSART
Ordinance approving a map of dedication
which will contribute right-of-way along portions of Thomas Road from Litchfield Road to Dysart Road that lie within the Avondale city limits.
Council Member Carroll moved to reconsider Item No. “6.c”.
Council Member Lynch seconded the motion. Motion carried unanimously.
Council Member Lynch asked that the item be continued so
that additional information could be provided.
Todd Hileman, City Manager, stated that staff would be happy
to provide additional information.
David Fitzhugh, Assistant City Manager, stated that the item
was concerning a complex issue.
Council Member Lynch moved to continue Item No. “6.c” to
January 21, 2003. Council Member Carroll seconded the motion. Motion carried
4-1. Council Member Karlin voted nay.
l. BID AWARD – WELL 5 AND 16
CLEANING – WEBER GROUP
Request to
award the bid for the Well 5 and Well 16 cleaning to Weber Group, L.C. in the
amount of $48,813.00.
Council Member Karlin stated that she was concerned about
how much it would cost for cleaning and would rather see a sampling of the
wells first. She asked if the wells were encased in cement or steel.
Steve Rupenthal, Utilities Superintendent, stated that the
wells were steel cased. He stated that there was a separate agreement for
water sampling.
Council Member Karlin asked if the sampling could be done
before the cleaning.
Mr. Rupenthal stated that many of the wells had corroded
over and the consultant recommended that they be cleaned first to give the
ability to draw the water from various levels in the aquifer.
Council Member Karlin stated that some of the wells were
closed for a specific reason.
Mr. Rupenthal stated that staff believed that the Mountain View well was closed for high levels of nitrates.
Council Member Karlin asked if staff felt that cleaning the
wells was a good idea.
Mr. Rupenthal stated that they did.
Council Member Karlin asked if an update would be given.
Mr. Rupenthal stated that staff would provide results when
the consultant was done with the sampling.
Council Member Karlin stated that water was at a premium and
the best job possible needed to be done.
Mr. Hileman, City Manager, stated that some of the wells
were plugged and needed to be cleaned to determine the quality of water. He
stated that a decision could then be made on whether the well could be used.
Council Member Lynch moved to approve Item No. “6.l” as
recommended. Council Member Carroll seconded the motion. Motion carried
unanimously.
7) PUBLIC
HEARING - ORDINANCE - REZONING A02-565 – GRIFFITH COMMERCE PARK
Request by David Prescott of Earl,
Curley and Lagarde to rezone approximately eighty gross acres from AG
(Agricultural) to PAD (Planned Area Development) for a commercial/employment
development located at the northeast corner of 107th Avenue and Van
Buren Street.
Dean Svoboda, Development Services Director, stated that the
request was to rezone 80 acres at the northeast corner of 107th
Avenue and Van Buren from Agricultural to Planned Area Development. He stated
that the northern parcel would be used for employment uses and the southern
parcel would be used for commercial or employment uses as allowed by the C-2 or
commerce park district. He stated that all of the street improvements,
landscaping, signage and on site development requirements would be met. He
stated that the height of the building would be at 40 feet and staff felt that
was appropriate given the scale of the property and uses. He stated that there
would be four monument entry signs located at the intersections on 107th
Avenue. He stated that the request was approved unanimously by the Planning
and Zoning Commission.
Council Member Lynch asked if the ordinance could be
reviewed concerning future monument signage.
Mr. Svoboda stated that the parcel was unique and there was
a need to amend the typical standards. He stated that staff would be happy to
look at the ordinance regarding future needs.
Council Member Lynch asked if the project would be required
to meet the new design guidelines for the freeway corridor.
Mr. Svoboda stated that it would.
Council Member Lynch asked if staff felt comfortable with
the 40 foot height.
Mr. Svoboda stated that staff was comfortable with the
height given the size of the parcels and types of uses that would be attracted.
Council Member Lynch asked if the landscaping for the whole
site would be coordinated.
Mr. Svoboda stated that the landscaping would be coordinated
to have a theme at the time of site plan approval.
Council Member Lynch asked for clarification on the
developer’s financial share for the traffic signals.
Mr. Svoboda stated that staff would project averages and
that would be finalized during the final approval process.
Council Member Lynch asked for clarification regarding the
outdoor display of commercial products.
Mr. Svoboda explained that retail type items might be
displayed outside during business hours.
Council Member Lynch asked for clarification about the
freestanding signs.
Mr. Svoboda stated that no freeway related signage would be
permitted. He stated that each parcel would have their own identification
signs.
Council Member Lynch asked if monument signage would be
better.
Mr. Svoboda stated that staff felt it would be less
complicated by having individual signs on each parcel.
Council Member Lynch asked what generic kinds of businesses
would be going into the site.
Mr. Svoboda stated that he could only give a broad
description of the types of uses that would be allowed.
Council Member Lynch asked if the developer would use City
services for solid waste.
Mr. Svoboda stated that the developer would use the City
services unless the City could not serve them.
Andy Moore, 3101 N. Central, Ste. 1000, Phoenix, stated that
Avondale Commerce Park property would be developed very soon with employment
and commerce uses. He stated that the developer would be doing half street
improvements and would pay a proportionate share of traffic signals at the time
of development. He stated that there would be 20 foot landscape frontages
along 107th Avenue, Van Buren and Roosevelt. He stated that the
developer agreed with all stipulations
Council Member Jones asked when a conceptual plan would be
available.
Mr. Moore stated that a conceptual plan would be available
in the next six months.
Andrew McGuire, City Attorney, read Ordinance No. 904-03 by
title only. Council Member Lynch moved to adopt the ordinance. Council Member
Carroll seconded the motion. ROLL CALL VOTE AS FOLLOWS:
|
|
|
|
Council Member Karlin
|
Aye
|
|
Council Member Lynch
|
Aye
|
|
Council Member Carroll
|
Aye
|
|
Mayor Drake
|
Aye
|
Motion carried
unanimously.
8) NORTHEAST
WELL SITE AND ACQUISITION OF GLEN ARM FARMS WATER SYSTEM
Analysis of the costs associated
with the various alternatives for the development of the Northeast Well and
Reservoir and with the acquisition of the Glen Arm Farms water system and
authorization to proceed on both items.
Mr. Hileman, City Manager, stated that staff had been
working on developing a northeast site for a well and reservoir project. He
stated that one site was west of 107th Avenue and one east both
north of Thomas Road. He stated that a business plan was put together and
staff had been working with the water company which serviced Glen Arm Farms
about acquiring the water system.
Charlie McClendon, Assistant City Manager, stated that full
cost analysis was requested and all alternatives to be presented that evening
included the well, equipment, booster station, reservoir, landscaping, screen
walls, all engineering costs and administrative costs. He stated that there
was a potential additional cost up to $1.8 million if well head treatment was
required.
Mr. McClendon stated that Alternative No. 1 was on the west
side of 107th Avenue with a completely buried concrete reservoir.
He stated that 1.5 acres would available for park or open space use. He stated
that additional storage would be needed in the year 2026 and would require
major disruption of the open space. He stated that the cost would be
$4,167,000. He stated that Alternative No. 2 was on the east side of 107th
Avenue with a depressed tank and four acres for park and open space use. He
stated that additional storage would be needed in 2026 but would result in less
disruption of the park. He stated that the total cost was $4.3 million.
Mr. McClendon stated that Alterative No. 3 would be on the
east side with a buried, concrete tank and 6.5 acres for park and open space
use. He stated that in 2026, major reconstruction of the park would be needed
for additional storage. He stated that the total cost was $5.1 million. He
stated that Alternative No. 4 was the same as Alternative No. 3 except that the
entire four million gallons of storage would be put in at one time so it did
not have to be added in 2026. He stated that the cost would be $6.6 million.
Mr. McClendon stated that concrete tank would cost more at
first and the steel tank would cost more in the long run. He stated that staff
recommended Alternative No. 3 and felt it was preferable. He stated that a
buried tank was acceptable to the residents and would provide a park amenity.
He stated that the residents favored City acquisition and the owners were
willing to sell to the City. He stated that a formal purchase agreement needed
to be negotiated. He stated that the purchase and system upgrades was budgeted
in the proposed CIP at $800,000. He stated that staff recommended that
authorization be given to proceed with negotiations leading to the acquisition
of the Glen Arm Farms water system.
Council Member Jones asked if ball fields could be put on
top of the tank.
Mr. McClendon stated that any amenities could be put there
and the plan was to work with the neighborhood to see what they would like to
have.
Council Member Jones asked for clarification on the acreage
for Alternative Nos. 3 and 4.
Mr. McClendon stated that staff proposed to acquire seven
acres for both. He stated that no additional land would be required to install
the second tank.
Council Member Jones asked about having an above ground
tank.
Mr. McClendon stated that the residents did not like the
idea of above ground tanks.
Council Member Karlin asked for clarification about moneys
found from the CIP.
Mr. McClendon stated that the money found for the Glen Arm
Farms water acquisition was in addition to the well and reservoir cost.
Council Member Karlin stated that the City already owned the
west side property and did not have to buy the rights to any water. She asked
if input was received from Garden Lakes residents.
Mr. Hileman stated that staff had heard from Garden Lakes
residents. He stated that the residents felt comfortable as long as the
storage tanks were underground. He stated that there were two separate
projects. He stated that the residents asked that they be hooked on to the
water if the tanks were put next door. He stated that the seller was very
willing to sell and the cost could be put into the CIP without pushing back
projects.
Council Member Lynch stated that she wanted to congratulate
staff for some of the best analytical information she had seen in some time.
She stated that she firmly believed that the future should pay for the future.
She asked how many residents were heard from in Glen Arm Farms.
Mr. McClendon stated that staff had heard from approximately
114 residents in that area.
Council Member Lynch stated that it was critical to supply
water to those people and put them on equal footing with the rest of the
residents.
Council Member Jones asked what kind of use would go across
the street from the storage tanks.
Mr. Hileman stated that staff was considering park space for
that area. He stated that the east side of the street was more complicated and
would be discussed in executive session.
Council Member Carroll stated that he wanted to ensure that
the tank would have a removable roof for maintenance. He stated that he would
support the acquisition of the property on the east side of 107th
Avenue and the acquisition of the water system. He stated that he would also
support concrete wells rather than metal. He asked about fire hydrants.
Mr. McClendon stated that the proposal included additional
fire hydrants.
Council Member Karlin stated that Alterative No. 2 would
have minimal disruption to the park facility. She stated that the cost of the
park had not been figured in.
Mr. Hileman stated that staff needed to find out what kind
of amenities the community wanted first. He stated that there would also be
some additional landscaping contribution from the utility fund but it was important
to tie up the property. He stated that there would be a difference in the cost
to construct ball fields versus passive trails.
Council Member Karlin stated that she would hate to see the
a depressed tank there with nothing but dirt.
Mr. Hileman stated that staff would make it a priority to
develop the park as soon as possible.
David Fitzhugh, Assistant City Manager, stated that $387,000
for landscaping was in Alternative No. 2 but did not include playground
equipment and so forth.
Mr. Fitzhugh stated that an above ground tank would require
security including a six foot block wall.
Council Member Jones moved to accept Alternative No. 3 and direct staff
to move forward with the acquisition of the water company. Council Member
Lynch seconded the motion. Motion carried 4-1 with Council Member Karlin
voting “nay.”
Mr. Hileman stated that staff would bring purchase contracts
on the property, acquisition of the water system and a design contract for the
well and reservoir project.
9) ORDINANCE – PARKING
Ordinance amending Chapter 23 of
the City Code to address various procedural requirements and update parking
enforcement regulations.
Mr. Hileman, City Manager, stated Chief MacKinnon had been
working to update the City’s parking ordinance. He stated that there were some
issues of enforcibility and the ordinance had been cleaned up.
Council Member Lynch asked if Kevin Artz, Budget and Finance
Director, was comfortable with a police department clerk handling the
collection of ticket dollars and deposits. She asked if there were controls in
place to handle that.
Mr. Artz, stated that he would prefer to have the collection
made at the court or in Finance where there were cash handling procedures.
Chief MacKinnon stated that the position for financial
related duties would be trained by and work closely with Finance.
Council Member Lynch stated that there had been problems in
the past and asked how those would be handled. She stated that she wanted to
be sure that the proper financial controls were in place. She asked how the
fees for fines related to the surrounding communities.
Chief MacKinnon stated that the fees were right on the mark
or just under.
Council Member Karlin asked how parking tickets could be
enforced.
Chief MacKinnon stated that to date, no enforcement action
had been taken but the ordinance would take care of that. Chief MacKinnon also
explained that if someone wanted to challenge their ticket, the hearing officer
would take a look at it.
Council Member Carroll asked if signatures would be required
for enforceability.
Chief MacKinnon stated no, that it would be the
responsibility of the owner of the car to pay for the ticket.
Council Member Lynch stated that she had recently seen a
large truck moved from one spot to another and was hopeful that the ordinance
would allow citations to be issued.
Mr. McGuire, City Attorney, stated that the ordinance was
changed to allow the judge, hearing officer, or a designee to file the
complaint with the court.
Andrew McGuire, City Attorney, read Ordinance No. 905-03 by
title only. Council Member Lynch moved to adopt the ordinance. Council Member
Carroll seconded the motion. ROLL CALL VOTE AS FOLLOWS:
|
|
|
|
Council Member Karlin
|
Aye
|
|
Council Member Lynch
|
Aye
|
|
Council Member Carroll
|
Aye
|
|
Mayor Drake
|
Aye
|
Motion carried
unanimously.
10) DISCUSSION ITEMS
There
were no items for discussion at that time.
11) EXECUTIVE SESSION
Council
Member Lynch moved to adjourn to executive session pursuant to: (a) 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) the Crystal Gardens litigation and (ii) acquisition/sale of real
property for well sites and the government center; (b) Ariz. Rev. Stat. § 38-431.03 (A)(3) for legal advice from the
City Attorney; and (c) Ariz. Rev. Stat.
§ 38-431.03 (A)(1) for discussion regarding the City Judge’s annual
evaluation. Council Member Karlin 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 Lynch seconded the
motion. Motion carried unanimously.
Meeting adjourned at 10:32 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 6th
day of January, 2003. I further certify that the meeting was duly called and
held and that the quorum was present.
City Clerk