Minutes of the Regular Meeting held June 16, 2003 at 7:00 p.m. in the Council Chambers.

Members Present                                 

Mayor Ronald Drake and Council Members                                         Marie Lopez Rogers

                                                                                                            Stephanie Karlin

                                                                                                            Raymond Shuey

                                                                                                            Betty Lynch

                                                                                                            Albert Carroll, Jr.

ALSO PRESENT                                           

Todd Hileman, City Manager

Andrew McGuire, City Attorney                        

STATEMENT BY THE CITY CLERK

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

2)                  CITY MANAGER’S REPORT

            Avondale Public Library Strategic Plan “Planning for Results”

Todd Hileman, City Manager, stated that from January to June , the Avondale Public Library participated in a strategic planning process developed in conjunction with the American Library Association.

Carla Patton, Avondale Library Supervisor, stated that an exciting planning process was just finished for the Avondale public Library facilitated by Shelly Mosley, Manager, City of Glendale Public Library.

Ms. Mosley briefed the council on the planning process and the value of having a strategic plan in place.

3)                  APPROVAL OF MINUTES

Council Member Lynch moved to approve the minutes of the Regular meeting of May 19, 2003, Work Session of May 19, 2003 and Special meeting of May 27, 2003 as amended.  Council Member Karlin seconded the motion.  Motion carried unanimously.

4)         RECOGNITION ITEMS (MAYOR PRESENTATIONS)

            Leadership West Recognition

Council Member Lynch stated that she was proud to be a graduate of Leadership West and recognized Paul Adams, Fire Chief, for his contribution to Leadership West.

Chief Adams stated that it was rewarding to be able to participate with the group.

5)         UNSCHEDULED PUBLIC APPEARANCE

There were no unscheduled public appearances at that time.

6)         SCHEDULED PUBLIC APPEARANCE

Diane McCarthy – West Valley Recreation Corridor project

Diane McCarthy, West Valley Recreation Corridor, stated that the corridor went from Avondale to Lake Pleasant and New River.  She stated that she wanted to ask the City for a contribution of $10,000 to hire a consultant to begin the process of putting everything together.  She stated that the consultant would work with all of the participants.

Council Member Karlin stated that she was concerned about making a contribution with the current budget constraints and asked if staff could look at scaling back some of the special events in order to fund this.

Mr. Davis stated that staff had been looking at opportunities for cutting back and one consideration was the APS/SRP capital funds that were dedicated to trail development.

Council Member Karlin asked if those funds could be used to help pay for the consultant fees.

Ms. Davis stated that staff would look at the agreement to see if those funds could be used in that regard.

Council Member Lynch stated the project was a major recreation corridor for the entire valley  and it was important to get started so that current and future residents could use the corridor.

Mr. Hileman stated that he would need to make sure use of those funds was acceptable.  He stated that if the Council wished to move forward immediately, it could be worked into the CIP.  He stated that he was concerned about the timing of the request, the lack of a business plan and  the precedent it may set.

Council Member Lynch asked if there was a way to fund the project at the current time and incorporate it into the federal monies that would be coming forward.

Mr. Hileman stated that he doubted if that could be done because those funds were specific to projects in particular.  He asked if the request was one time or if it would be recurring.

Ms. McCarthy stated that she could not answer that since it was not sure what the total build out cost of the program would be.

Mayor Drake asked staff to research the item to see if money could be taken from the APS?SRP mitigation funds.

Vice-Mayor Rogers stated that she was in support of the project but the budget process had passed and she would have a hard time approving a contribution at this time.

Council Member Shuey stated that it was important to create a seamless corridor and the City needed to move forward to bring the project to fruition.

Council Member Lynch stated that she agreed with Council Member Shuey and felt the City needed to be part of a team and see that a consultant was brought to the table.  She asked if a budget could be put together for review.

Staff was instructed to see if the APS?SRP funds could be used for this.

7)        CONSENT AGENDA

Council Member Lynch asked that Item No. “7.e” be pulled from the consent agenda for individual consideration.

a.         APRIL AND MAY 2003 CLAIMS

b.                  PURCHASE AUTHORIZATION – EKG DEFIBRILLATORS

Purchase three (3) EKG Monitor/Defibrillators from Zoll Medical Corporation at a total cost of $76,504.20 including sales tax.

c.         RESOLUTION – DISPATCH SERVICE AGREEMENT – CITY OF PHOENIX FIRE DEPARTMENT

Resolution authorizing an Intergovernmental Agreement with the City of Phoenix Fire Department for emergency dispatch and technical support services at a total cost of $96,382.25 for fiscal year 2003-2004.

d.         TIME EXTENSION – ALL SERVICE AUTOMOTIVE PROFESSIONALS

Request by Bruce Thiem for a one-year extension for the A-1 (Industrial) zoning previously approved on 2.5 acres of property located east of the southeast corner of Riley Drive and Dysart Road.

f.          RESOLUTION – INTERGOVERNMENTAL AGREEMENT – MARICOPA COUNTY – EXCHANGE MAINTENANCE SERVICES

Resolution authorizing an intergovernmental agreement with Maricopa County for the exchange of maintenance services not to exceed $200,000.00.

g.         RESOLUTION – SALARY EQUIVALENCY – WORKERS COMPENSATION PREMIUMS – COMMUNITY SERVICE OFFICER VOLUNTEERS

Resolution establishing a salary equivalency for purposes of computing Worker’s Compensation Insurance premiums for the Community Service Officer Volunteers.

h.         RESOLUTION – FIRST AMENDMENT – INTERGOVERNMENTAL AGREEMENT – ARIZONA DEPARTMENT OF TRANSPORTATION – 115^TH AVENUE

Resolution authorizing the first amendment to the Intergovernmental Agreement with the Arizona Department of Transportation for 115^th Avenue increasing ADOT’s participation by $150,000.00.

Andrew McGuire, City Attorney, read Resolution Nos. 2368-03, 2370-03, 2371-03 and 2372-03

for the above consent Item Nos. “7.c, f, g” and “7.h” by title only.  Council Member Lynch moved to adopt the resolutions and to approve the amended consent agenda.  Council Member Carroll seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

Motion carried unanimously.

e.         RESOLUTION – INTERGOVERNMENTAL AGREEMENT – MARICOPA COUNTY – TRAFFIC SIGNAL DESIGN, INSTALLATION AND UPGRADES – INDIAN SCHOOL ROAD AND SANTA FE TRAIL AND INDIAN SCHOOL ROAD AND DYSART

Resolution authorizing an intergovernmental agreement with Maricopa County for Traffic Signal Design, Installation, and Upgrades for both the Indian School Road and Santa Fe Trail and Indian School Road and Dysart Road intersections at an estimated cost of $89,000.00.

Council Member Lynch asked why, when traveling west on Indian School Road, there would not be a left turn signal on Dysart Road.

Carnell Thurman, City Engineer, stated that based upon the existing traffic at that intersection, left turns were not warranted for the east and west bound directions.

Council Member Lynch asked if the new homes and apartments were taken into consideration. She stated that there were delays in the morning and evening and hoped staff would continue to look at that area.

Council Member Carroll asked if the lights would have the ability to have left turn arrows at a later date.

Mr. Thurman stated that additional wiring was needed for the east and west bound directions.

Mayor Drake asked how much more traffic was needed to warrant a east and west bound left turn signals.

Mr. Thurman stated that there was not enough traffic in the east bound direction.  He stated that as development occurred to the west, that could be revisited. 

Mayor Drake stated that there would be a public outcry if there were no left turn arrows there.  He asked if that could be reconsidered.

Mr. Hileman stated that the Council could do all four turn arrows in the interest of a safer intersection.

Council Member Lynch stated that there was so much growth to the west and wanted to see if all four directions could be done.

Council Member Karlin stated that there were some terrible accidents at that intersection.

Mr. Thurman stated that those were the basis for the north and southbound left arrows.

Council Member Carroll stated that the turn arrows would be warranted sooner or later and it made sense to do them at that time.

Andrew McGuire, City Attorney, stated that the county’s portion was capped at $10,000 and an amendment to extend the turn signals to east and west bound would be acceptable.

Mayor Drake asked why the county’s portion was still $10,000.

Mr. Thurman stated that after it was found that the cost went down, the county still wished to provide $10,000.

Mayor Drake asked if the turning times could be adjusted as necessary.

Mr. Thurman cautioned the Council about having an accident and the left turn arrow was not warranted.

Council Member Shuey stated that he felt the Council should move forward at that time.

Council Member Karlin stated that with the growth of the area, the left turn signals would have to come eventually and she wanted to make sure the funding was in place.

Mr. Thurman stated that it would double the cost to $40,000.

Mr. Hileman stated that could be funded.

Vice-Mayor Rogers stated that intersection had a lot of congestion early in the mornings and afternoons.

Mr. McGuire read Resolution No. 2369-03 by title only.  Council Member Lynch moved to adopt the resolution and include the installation of four left turn signals.  Council Member Carroll seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

Motion carried unanimously.

8)         PUBLIC HEARING – ORDINANCE – PALM VALLEY PAD ZONING AMENDMENT

Public hearing to consider a request from Tricia Rochford, SunCor Development, for an amendment to the Palm Valley PAD to change the sign standards for Alameda Crossing, a 35 acre shopping center currently under construction at the northeast corner of McDowell and Dysart Roads.

Dean Svoboda, Planning and Building Services Director, stated that Alameda Crossing was at the northeast corner of McDowell and Dysart Roads and was a community level shopping center.  He stated that the purpose of the request was to modify the sign regulations.  He stated that there was almost a one quarter mile of frontage along both roads.  He stated that the applicant proposed to have 18 foot multi-tenant signs, a low scale wall sign, a corner monument sign and miscellaneous directional signs.  He stated that the major tenants would be allowed to have more signage and the pads would be allowed to have signage on all four sides.  He stated that the Planning and Zoning Commission recommended approval subject to the nine stipulations with an amendment to Stipulation No. 6 as follows:

1. All signage shall conform to the Sign Program date stamped April 23, 2003 except as modified by these stipulations.
2. No exposed neon, or similar lighting, shall be used on signs, symbols or decorative elements.
3. All menu boards shall have a solid masonry base.
4. The City shall approve the placement of all direction signs.  Directional signs shall not include logos or other business identification.
5. Order verification boards shall be limited to four and a half feet in height and the verification screen shall be limited to two square feet.
6. The design of monument signs shall be revised to incorporate the center logo and make the center identification a prominent sign element as determined by staff through a minor site plan amendment.
7. The Full Circle Car Wash shall be allowed two additional directional signs, for a total of four, to provide safe navigation into and out of the car wash.
8. No white lexan panels will be permitted.
9. Anchor tenants shall be limited to an aggregate sign area of 500 square feet per tenant.

Council Member Lynch thanked SunCor for not putting a 70 foot sign in a residential community center.  She asked for clarification on the language regarding the committee’s right to modify requirements.

Mr. Svoboda stated that the language was in a booklet designed to be used as a tool for the developer when doing leasing with clients.

Council Member Lynch stated that she was concerned that there would be too many signs along Dysart and McDowell Roads.

Mr. Svoboda stated that the minimum distance between the signs was 300 feet.

T.A. Shover, SunCor Development Company, 80 W. Rio Salado Pkwy., Tempe, stated that the request was well within the guidelines concerning the separation of signs.  He stated that some of the signs may not be needed when the development was built out.

Council Member Carroll asked how the proposed signage would be better than what was currently allowed.

Mayor Drake stated that the signage would be better because there would be no 70 foot freeway sign.

Council Member Lynch asked if sign boards would be used.

Ms. Jamie Cowgil, J.R.C. Designs, 6320 E. Thomas Rd., Ste. 210, Scottsdale, stated that they would not.

Council Member Lynch stated that she was concerned about the noise to the neighborhood with drive-thrus.

Mr. Shover stated that one drive-thru was planned to allow for a bank or restaurant.

Mr. McGuire, City Attorney, read Ordinance No. 940-03 by title only.  Council Member Lynch moved to adopt the ordinance subject to stipulations as amended.  Council Member Carroll seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

Motion carried unanimously.

9)         PUBLIC HEARING – ORDINANCE – ZONING TEXT AMENDMENT –                            ACCESSIBLE PARKING FOR THE DISABLED

Public hearing to consider an ordinance amending Section 8 of the Zoning Ordinance regarding accessible parking for the disabled.

Dean Svoboda, Planning and Building Services Director, stated that the request was for a zoning ordinance amendment to mirror the requirements from the International Building Code, the state and national handicapped standards.  He stated that the ordinance would mirror that language and be very clear what the City standards were.  He stated that staff and the Planning and Zoning Commission recommended approval of the item.

Council Member Lynch stated that she believed the City should have the ability, when doing large commercial sites, to require additional handicap spaces if needed.  She stated that all of the handicapped spaces seemed to be occupied at the Walgreen’s at Dysart and Van Buren Roads.  She stated that easy access was needed particularly at drug stores and doctor’s offices.

Mayor Drake asked if the Council felt there were enough handicapped spaces in the community.

Council Member Karlin stated that she used handicapped spaces and felt the Walgreen’s at 107^th Avenue and Indian School Road had more than an adequate number of spaces.  She stated that smaller businesses would suffer if they had to add extra spaces.

Council Member Lynch stated that she would propose adding more spaces at large centers.

Council Member Karlin stated that if the City was in agreement with the ADA requirements, the amendment should be kept as is.

Mayor Drake stated that other cities had more spaces at large commercial sites and asked if Home Depot would have to comply with new standards.

Mr. Svoboda stated that any existing uses would be grandfathered in.  He stated that staff was comfortable with the current standards but felt it may be appropriate to have one, additional space .

Mayor Drake asked if there were enough spaces at the Walgreen’s and Sam’s Club.

Mr. Svoboda stated that there had not been any complaints concerning the Sam’s Club and Costco.  He stated that the City of Peoria had a situation where there were too many handicapped spaces.

Vice-Mayor Rogers stated that she went to the Walgreen’s at Dysart and Van Buren and often found open handicapped spaces.  She stated that she would like to see the amendment to the ordinance stay the same.

Mayor Drake opened the public hearing and asked for comments.  Hearing none, he declared the hearing closed.

Mr. McGuire, City Attorney, read Ordinance No. 941-03 by title only.  Council Member Karlin moved to adopt the ordinance.  Vice-Mayor Rogers seconded the motion.

Mayor Drake asked if the City had the prerogative to ask the developer to add additional spaces.

Mr. Svoboda stated that if the Council felt there was a unique situation, that could be requested.

ROLL CALL VOTE AS FOLLOWS:

Motion carried unanimously.

12)       FIRST AMENDMENT – DESIGN BUILD AGREEMENT – FRIENDSHIP PARK YOUTH SPORTS COMPLEX

First Amendment to the Design Build Agreement with Valley Rain Construction Corporation, establishing the Guaranteed Maximum Price (GMP), for the construction of a youth sports complex to be located in Friendship Park at a cost of $5,023,723.00.

Dan Davis, Community Recreation Director, stated that this request was for authorization of the first amendment to the Design Build Agreement between the City and Valley Rain Construction with a guaranteed maximum price contract of $5,023,723.  He stated that a number of amenities were added to improve the overall quality of the youth sports complex at Friendship Park including a lake, basketball and tennis courts, a dog park, parking facilities, playground equipment, walking trails and road improvements.  He stated that the lake would save over $1 million in operational costs over the course of ten years.

Council Member Lynch stated that in reference to the Kaizu exhibit, she forwarded the name of a gentlemen who offered to help pay for moving the monuments to the lake and for lodging when the masons arrived.  She asked what the status of those talks were.

Mr. Davis stated that staff had been working with the gentlemen regarding hosting the craftsmen coming from Kaizu and looking for funding sources to help move the exhibit.

Mayor Drake asked about the lake liner.

Mr. Davis stated that the same type of liner as Crystal Gardens Lakes would be used but fishing had not been approved through Arizona Game and Fish.

Mayor Drake asked why the maintenance yard was so large.

Mr. Davis stated that the Cashion Community Center would be moved to that area for a third restroom facility and outside storage was needed for maintenance equipment.  He stated that there were also discussions about future well locations for the domestic system.

Mayor Drake and Staff discussed the possible locations for the maintenance yard and the reason for the current park layout.  Mr. Davis stated that a centralized location would help maintenance staff to service each end of the park and there was also a drainage issue.

Mayor Drake asked if the wall could be painted green.

Mr. Davis stated that anything could be done to make it look right.

Council Member Karlin stated that the building should look as aesthetically pleasing as possible.  She stated that it could be made part of a public art project where children could do something on the walls to blend it in with the rest of the park.

Vice-Mayor Rogers stated that the building had been in Cashion for years, was very attractive and enjoyed by many people each day. 

Council Member Lynch stated that she would agree with the suggestion to have children’s art on the walls and also agreed that the building had been in Cashion and was suitable for this use.

Council Member Karlin asked if an awning could be placed over the dugouts in lieu of the roofs that were deleted.

Mr. Davis stated that staff had been doing research about providing some type of shade structure.

Council Member Karlin stated that she had not seen plans on how the exhibit would be incorporated inside the lake.

Mr. Davis stated that the exhibit would be incorporated at the north end of the lake and the lake would be a backdrop for the exhibit.  He stated that the exhibit would be protected by fencing on one side and the lake on the other three.

Council Member Carroll stated that he thought the lake was being put in to provide protection around the exhibit.  He stated that it was a waste of funds if the lake was not going to be used for water recharge.

Mr. Davis stated that the reason for the lake was for a holding reservoir for irrigation purposes due to the large amount of turf area.  He stated that $1 million would be saved over a ten year period.  He stated that the exhibit would be surrounded by three sides of the lake with fencing on the fourth.  He stated that the original plan showed a proposal for an island but the current plan had a peninsula concept.  Mr. Davis explained that the system would be an automatic underground sprinkler system and reservoir capacity was needed.  He stated that the well would not have a negative impact on domestic water supply for the City.  He stated that there would be a true benefit by using a well and reservoir system.

Council Member Lynch moved to approve the item as recommended.  Council Member Shuey seconded the item.  Motion carried unanimously.

10)       ORDINANCE – ACCEPTING THE DEDICATION OF A SEWER EASEMENT

Ordinance accepting a sewer easement from Kevin O’Connell along the RID south of Indian School Road between the Corte Sierra Subdivision and El Mirage Road.

Todd Hileman, City Manager stated that the item was to accept a sewer easement from Kevin O’Connell along the RID south of Indian School Road between the Corte Sierra Subdivision and El Mirage Road.  He stated that the sewer easement was necessary to provide sewer access to the Rio Crossing subdivision at the El Mirage Alignment.

Mr. McGuire, City Attorney, read Ordinance No. 942-03 by title only.  Council Member Lynch moved to adopt the ordinance.  Council Member Shuey seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

Motion carried unanimously.

11)       CONSTRUCTION MANAGER AT RISK CONTRACT – WELL, RESERVOIR, AND BOOSTER PUMP STATION

Pre-construction services phase of a Construction Manager at Risk (CMAR) contract to Ward-Henshaw for the construction of a Well, Reservoir, and Booster Pump Station in the vicinity of McDowell Road and 99^th Avenue in the amount of $48,620.00.

Carnell Thurman, City Engineer, stated that staff was requesting that a preconstruction contract be awarded with Ward-Henshaw for the design phase.  He stated that the City was growing in the northeast area and there was a lot of demand on the water system and especially with the development of Gateway Pavilions.  He stated that some critical deadlines needed to be met and substantial construction was expected by the end of next fiscal year.

Council Member Lynch stated that the well had been on the radar screen since 2002 well ahead of the Garden Lakes situation and the Council had been very much aware of it.

Mr. McGuire, City Attorney, stated that there would be a construction portion of the item coming forth at a meeting in July.

Mayor Drake asked for clarification on the anticipated growth in the area.

Mr. Thurman stated that staff did not anticipate growth as quickly in terms of the Gateway Pavilions.  He stated that another 17 tenants were expected and some big boxes were coming by Thanksgiving.  He stated that staff needed to expedite the construction of the water system to support the development.

Mr. Hileman, City Manager, stated that Kitchell requested a letter to ensure any future tenants that the water volume capacity would be there.  He stated that a 36-month build out was anticipated but after only 12 months, the site was almost 90% leased.

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

13)       DISCUSSION ITEMS

Council Member Carroll stated that he had forwarded an item for discussion to the City Manager for placement on a future agenda.

14)       EXECUTIVE SESSION

Council Member Lynch moved to adjourn to executive session pursuant to (i) 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 the Crystal Gardens lawsuit and (ii) Ariz. Rev. Stat. § 38-431.03 (A)(7) for discussion and consultation with designated representatives of the city in order to consider its position and instruct its representatives regarding the sale of city property.  Council Member Karlin seconded the motion.  Motion carried unanimously.

ADJOURNMENT

There being no further business to come before the Council, Vice Mayor Lopez-Rogers moved to adjourn.  Council Member Carroll seconded the motion.  Motion carried unanimously.

Meeting adjourned at 10:11 pm.

                                                                                                                     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 16^th day of June, 2003.  I further certify that the meeting was duly called and held and that the quorum was present.

                     City Clerk