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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 Jones

Aye

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 Jones

Aye

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 Jones

Aye

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 Jones

Aye

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