Minutes of the Regular Meeting held March 17, 2003 at 7:00 p.m. in the Council Chambers.

Members Present                                 

Mayor Ronald Drake and Council Members                                         Marie Lopez Rogers

                                                                                                            Peggy Jones

                                                                                                            Stephanie Karlin

                                                                                                            Raymond Shuey

                                                                                                            Betty Lynch

                                                                                                            Albert Carroll, Jr.

ALSO PRESENT                                           

Todd Hileman, City Manager

Andrew McGuire, City Attorney                        

STATEMENT BY THE CITY CLERK

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

4)         RECOGNITION ITEMS (MAYOR PRESENTATIONS)

Recognition of Wal Mart for 5 years of business

Mayor Drake read proclamation honoring the Avondale Wal Mart Store on the occasion of the 5^th anniversary of the store’s opening and expressing gratitude for its contribution to the community. 

Jennifer Gruden, Wal Mart, stated that Wal Mart was enthusiastic about working with the City of Avondale and continuing their great relationship and supporting the community.

6)         SCHEDULED PUBLIC APPEARANCE

            Salt River Project – Centennial Year Resolution – Bill Schraeder, SRP President

Bill Schraeder, President, SRP, stated that he was proud to celebrate 100 years for SRP and wanted to thank the City of Avondale for its valued partnership over the years.  He presented Mayor Drake with a proclamation in commemoration of gratitude for Avondale’s leadership and friendship.

2)                  CITY MANAGER’S REPORT

There were no items to report at that time.

APPROVAL OF MINUTES

Council Member Lynch moved to approve the minutes of the Special meeting of February 25, 2003, Regular meeting of March 3, 2003 and Work Session of March 3, 2003 as amended.  Council Member Karlin seconded the motion.  Motion carried unanimously.

5)         UNSCHEDULED PUBLIC APPEARANCE

There were no unscheduled public appearances at that time.

7)        CONSENT AGENDA

Vice-Mayor Rogers asked that Item No. “7.h” be pulled from the consent agenda for individual consideration.

a.         PURCHASE OF POLICE PATROL VEHICLES – FIVE STAR FORD

            Authorization to attach to the state contract and execute a purchase agreement with Five Star Ford in the amount of $196,116.32 for the purchase of seven police patrol vehicles.

b.         ORDINANCE – EASEMENT – SALT RIVER PROJECT 119^TH AVENUE AND ROOSEVELT

            Ordinance granting SRP an underground power distribution easement with City right of way.

c.         ANNEXATION – SOUTHWEST CORNER OF MCDOWELL AND 107^TH AVENUE

            Authorization to begin the annexation process for approximately 20 acres of land located at the southwest corner of McDowell and 107^th Avenue.

d.                  PURCHASE AGREEMENT – CENTRAL ARIZONA WATER CONSERVATION DISTRICT – EXCESS CENTRAL ARIZONA PROJECT WATER

            Authorization to execute an agreement with the Central Arizona Water Conservation District to purchase incentive recharge water from the CAWCD. 

e.         SELECTION OF CITY FINANCIAL AUDITORS – HENRY & HORNE, PLC

            Selection of Henry & Horne, P.L.C. for financial audit services in the amount of $29,000.00 for fiscal year 2002-2003.

f.          PROSECUTION SERVICES  AGREEMENT – BUSTAMANTE & KUFFNER

            Legal services contract for city prosecution services with the firm of Bustamante & Kuffner for an annual fee of $120,000.00 for the next year.

g.         LIQUOR LICENSE – DOMINICK & VITO’S RESTAURANTE

            Application from Vito Acardi, Dominick & Vito’s Ristorante 12345 W. Indian School Road (formerly Vasta Pasta) for Series 16 (state series 12) Restaurant license to sell spirituous liquors.

i.          CHANGE ORDER 1 – AJP ELECTRIC, INC – WESTERN AVENUE PHASE 2 PEDESTRIAN LIGHTS

            Change Order 1 to the construction contract with AJP Electric, Inc. in the amount of $1,400.00 for the Western Avenue Phase 2 Pedestrian Lights.

j.          RESOLUTION – INTERGOVERNMENTAL AGREEMENT – MARICOPA COUNTY – INSTALLATION AND MAINTENANCE OF SCHOOL ZONE SIGNAGE – 115^TH AVENUE AND BUCKEYE ROAD

            Resolution authorizing an IGA with Maricopa County regarding the installation and maintenance of school zone signage on 115^th Avenue and Buckeye Road.

k.         CHANGE ORDER 2 – ALDER ENGINEERING AND CONSTRUCTION COMPANY – PHASE 1 EXPANSION OF THE WASTE WATER TREATMENT PLANT

            Change Order 2 to the construction contract with Alder Engineering and Construction Company in the amount of $208,394.00 for Phase I Expansion of the WWTP and a thirty-day extension to the original contract duration.

l.                    ORDINANCE – PURCHASE/SALES AGREEMENT FOR LAND SALE – SUNDT CONSTRUCTION

            Ordinance authorizing a purchase/sales agreement in the amount of $867,715.00 with Sundt Construction for the sale of approximately 8.05 acres at the Avondale Civic Center for the development of an office campus.

Andrew McGuire, City Attorney, read Ordinance Nos. 919-03 and 920-03 and Resolution No. 2350-03 for the above consent Item Nos. “7.b, 7.j” and “7.l” by title only.  Council Member Lynch moved to adopt the ordinances and resolution and to approve the amended consent agenda, Item Nos. “7.a, b, c, d, e, f, g, i, j, k” and “6.l ”.  Council Member Karlin seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

Motion carried unanimously.

h.                  AREA AGENCY ON AGING CONTRACT

            Authorization to submit an application to renew the contract with Area Agency of Aging, Region I for the continuation of the Congregate Meals, Home Delivered Meals, and Multipurpose Center Operations Programs for fiscal year 2003-2004. 

Vice-Mayor Rogers stated that she would abstain from voting on the item because she had a conflict of interest.

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

Council Member Carroll entered the meeting at this time.

8)         AWARD OF DESIGN BUILD CONTRACT – FRIENDSHIP PARK – VALLEY RAIN CONSTRUCTION CORPORATION  - YOUTH SPORTS COMPLEX PROJECT

Design build agreement with Valley Rain Construction Corporation for the Youth Sports Complex Project to be located at Friendship Park.

Dan Davis, Director, Community Recreation, stated that there was a tentative agreement with the Tourism/Sports Authority (TSA) in September 2001 where a $3.4 million grant was given to the City for a youth sports complex.  He stated that March 31, 2003 was the deadline to enter into the first project contract for the design and construction of the youth sports complex.  He stated that Valley Rain Construction Corporation was recommended. 

Mr. Davis stated that a fee of $575,000 was negotiated including allowances for printing, survey and analysis work.  He stated that the second part was the actual construction with a guaranteed maximum price.  He stated that staff set $5 million as the total project cost.  He stated that the project would be one that the whole community of Avondale and the west valley could be very proud of.  He stated that work would start immediately and the construction would be completed in November 2003.

Council Member Lynch stated that she was very concerned about the additional lighting along McDowell Road and the effect that it would have on Rancho Sante Fe and the Rio Sante Fe Apartments.

Mr. Davis stated that the issue of compliance with the Dark Sky Ordinance was brought up during the interview process.  He stated that the information was shared with Valley Rain and they were well aware of it.  He stated that five of the nine fields would be lit and the lighting had to be fully shielded and be in total compliance. 

Council Member Lynch asked if there were ideas for the existing lights.

Mr. Davis stated that staff would look at the existing facilities for opportunities to consider.

Council Member Jones asked about the notification process to residents in the area.

Mr. Davis stated that additional public notification would be provided as the project was moved through the design process.  He stated that the item had been before the Council on numerous occasions and was part of the master planning process.  He stated that staff would continue to work with the public concerning traffic or dark sky issues.

Council Member Jones stated that she was concerned about the residents next door to that park.  She asked if there would be any shade, landscaping or ramadas.

Mr. Davis stated that those amenities would be provided within the overall design.

Council Member Carroll asked why so many different consultants were used.

Mr. Davis stated that the only consultant that was used was Eubanks Consulting and they assisted in the selection of the design build team to insulate the City and protect the integrity of the selection process.

Council Member Carroll asked if any TSA members assisted to ensure Avondale met their requirements.

Mr. Davis stated that Roger Brendecki, consultant for the TSA, sat through the selection process.

Vice-Mayor Rogers asked if there would be a large stadium field.

Mr. Davis stated that staff would see if there was a way to create that for major events.

Vice-Mayor Rogers stated that she would agree with Council Member Jones that the neighbors needed to be notified.  She stated that a sign should be on the property to let people know the project is coming.  She asked about ADA compliance.

Mr. Davis stated that the whole project would be in compliance with ADA requirements.

Council Member Karlin asked if additional restrooms would be added.

Mr. Davis stated that additional expanded facilities were planned beginning with additional restroom capacity.

Vice-Mayor Rogers asked if fees would be charged for teams that came in.

Mr. Davis stated that would be discussed over the next few months.  He stated that the facility would also create a gateway into the Agua Fria as part of the trail system.

Mayor Drake asked if there would be a strict “No Alcohol” prohibition there.

Mr. Davis stated that staff would be examining that issue with the City Attorney.

Andrew McGuire, City Attorney, stated that there should be no problem in banning alcohol where youth events occurred and would look at that issue to see if he could tailor it more.

Council Member Jones asked if she was correct in that no official notification was given to Rancho Sante Fe, Dietz Crane Homes or Rio Vista apartments and there would be 650 parking spaces plus night lighting and activities.

Mr. Davis stated that was correct.

Council Member Lynch moved to approve the item as recommended.  Council Member Carroll seconded the motion.  Motion carried 5-2.  Council Member Karlin and Council Member Jones voted nay.

Mayor Drake stated that Brent Heiss had submitted a card that he was in favor of the item.

9)         PRELIMINARY PLAT – CW RANCH – B02-553

Request from Mauricio Iacuelli, RBF Consulting for preliminary plat approval for CW Ranch, a 459 lot single-family residential subdivision located on 126 acres north of the northeast corner of 115^th Avenue and Buckeye Road.

Dean Svoboda, Director, Planning and Building Services, stated that the project consisted of 121 acres of single family and a small, 5-acre, commercial tract that could only be used for mini-storage.  He stated that the Council approved a one-year time extension for the project.  He stated that there would be a large, two-acre open space area and a culvert was required for drainage.  He stated that the plat was consistent with the PAD zoning and the density was in line with the general plan.  He stated that the Planning and Zoning Commission recommended approval subject to 11 stipulations.  He stated that prospective buyers would be informed of the proximity of the railroad tracks and there was no public opposition.  He stated that staff recommended modifying Stipulation No. 4 and adding Stipulation No. 12 as follows:

4.  The developer shall be financially responsible for one third of the cost of the drainage box culvert near 115^th Avenue.

12.  Lot No. 187 shall be increased in area to at least the minimum lot area of 5,500 square feet on the final plat.

Council Member Lynch asked where the connection to 107^th Avenue would be.

Mr. Svoboda stated that would occur at the Cold Water Ranch Boulevard location.  He stated that Cold Water Ranch Boulevard would be designed as a collector street with a capacity to handle CW Ranch and other traffic.

Council Member Lynch stated that the City would be paying millions of dollars for improvements to 115^th Avenue and asked why the developer was not asked to pay for half of the street.

Mr. Svoboda stated that the need preceded the developer and the design and construction of 115^th Avenue was started in advance.

Council Member Lynch stated that she recalled hearing that individuals would be asked to reimburse the City for the work that was done.

Mr. McGuire, City Attorney, explained that on the development fee study, one of the pieces of public infrastructure that was included was the full width of 115^th Avenue.  He stated that the development fees related to transportation were encompassing the entire width.

Council Member Lynch recommended that an additional stipulation be added and that it be the developer’s responsibility to let people know that there would be a storage facility near their homes.

Mr. Svoboda stated that the following stipulation could be added:

13.         Prospective homebuyers shall be informed by affidavit of the proximity of the commercial site which can be developed for mini-storage use.  In addition, a map showing the location of the commercial property in relation to the nearest lots will be displayed in the model home sales office.

Mayor Drake asked if there had to be a mini-storage at that location.

Mr. Svoboda stated that could be changed through the normal, public hearing process.

Mayor Drake asked if the land owner could change that.

Mr. Svoboda stated that the land owner could also make that request.

Mayor Drake asked how the wording could be clarified.

Mr. Svoboda stated that the wording could be tailored to say that at the time of the recording of the plat that was what it was used for.

Council Member Lynch stated that she was concerned that the approval was changed in order to allow that to be there.

Mayor Drake asked if there was a buyer for that property.

Mr. Svoboda stated that no applications had been received to date

Andy Moore, Earl, Curley and Lagarde, 3100 N. Central, Ste. 1000, Phoenix, stated that there was no buyer for the mini-storage units to date.  He stated that he was open to the stipulation.

Council Member Lynch asked what the average square footage and cost of the homes would be.

Mr. Moore stated that the average square footage of the lots would be 7,203 square feet.

Mayor Drake asked who the builder would be.

Mr. Moore stated that Beazer Homes was looking at the site.  He stated that the one product would have 1,244 to 1,967 square feet and the other product would have 1,864 to 2,485 square feet.  He stated that the prices would range from $119,000 to $144,000 and from $147,500 to $170,000.

Council Member Karlin moved to approve the item as recommended subject to the 12 stipulations as amended.  Council Member Lynch seconded the motion.  Motion carried unanimously.

10)       PRELIMINARY PLAT – DESERT SPRINGS – Z99-385B

Request from Mark Pugmire, Highland Ranch Construction Company, for preliminary plat approval for Desert Springs, a 176 lot single-family residential subdivision located on thirty-one acres at the northwest corner of Van Buren and 119^th Avenue alignment.

Dean Svoboda, Director, Planning and Building Services, stated that the preliminary plat included 176 proposed lots on 31 acres at the northwest corner of Van Buren Street and the 119^th Avenue Alignment.  He stated that it was part of a PAD project approved by the City Council in 2000.  He stated that the Council approved a one-year time extension on July 1, 2002.  He stated that single family lots would be provided on the entire 31 acres.  He stated that 176 lots would result in an overall density of 5.61 dwelling units per acre.  He stated that the average lot size would be 3,444 square feet and the minimum lot size would be 3,067 square feet. 

Mr. Svoboda stated that the intent of the project would be to provide a “Z” lot pattern and the lot sizes and overall concept was consistent with that concept as approved through the PAD zoning.  He stated that there would be a mix of one and two story houses.  He stated that the garages would be alternated between the front and rear of the lots.  He stated that there would be 6.9 acres of open space and the streets would be public.  He stated that the Planning and Zoning Commission recommended approval of the item subject to six stipulations.  He stated that Stipulation No. 6 would require that future homebuyers be informed of the future SRP kv substation that would be located there.  He stated that the applicant agreed to the following additional stipulations:

7.      The developer shall provide a decorative perimeter wall with a minimum height of eight feet adjacent to the SRP substation site.

8.      Lots 144 and 82 shall be eliminated to increase the amount of open common open space in Tract H.

He stated that staff recommended approval of the item subject to eight stipulations.

Mr. Svoboda stated that the streets would be public and meet all of the City standards.

Council Member Lynch asked if there would be two-story houses along Van Buren Street.

Mr. Svoboda stated that there would because it was a different situation than what was normally seen.

Council Member Lynch asked what the minimum lot width was.

Mr. Svoboda stated that the minimum would be 50 feet.

Council Member Lynch asked how the SRP site came about.

Mark Pugmire, Highland Ranch Construction Company, 1901 E. University, Ste. 240, Mesa, stated that SRP said that was the only location that the station could go.

Council Member Karlin asked if it was necessary to have Mexican fan palms as referenced in Stipulation No. 3.

Mr. Svoboda stated that the Council could modify that if they wanted to.

Council Member Karlin stated that she would not like to see those trees used as a focal point.

Mr. Svoboda stated that the applicant would have no problem in having a substitute tree.

Council Member Carroll asked why SRP would be putting up a chain link fence.

Todd Hileman, City Manager, stated that staff worked with SRP who stated that they would only go so far as putting up a chain link fence.

Mayor Drake asked if staff could find a different way to do that.

Mr. Hileman stated that he would make that request.

Council Member Lynch asked when the ordinance that required water features would be changed.

Mr. Svoboda stated that an amendment would be brought to the Council in the spring.  He stated that the Council could eliminate the water feature as part of the motion.

Council Member Karlin asked what the distance was between the houses and the substation.

Mr. Pugmire stated that some houses would be a distance of 15 and 10 feet away.

Council Member Karlin stated that she was concerned about having such a close distance.  She stated that there should at least be a green belt.

Mr. Pugmire stated that prospective home buyers would be notified of the substation.

Council Member Lynch asked if there could be another entrance to the site.

Mr. Pugmire stated that there would be two entrances to the site.

Council Member Carroll asked how close the project would be to the Agua Fria River.

Mr. Pugmire stated that the project would be located east of the proposed mini-storage facility.

Vice-Mayor Rogers moved to approve the item as recommended subject to eight stipulations as amended and to substitute some other tree for the Mexican fan palms.  Council Member Karlin seconded the motion.

Mayor Drake asked if Council wanted to waive the water feature and when the water feature amendment would be brought forth.

Mr. Svoboda stated that it was a two month process.

Council Member Carroll stated that the water feature could be approved but not use potable water.

Vice-Mayor Rogers stated that her motion stood.

Council Member Shuey stated that he agreed with the motion as stated.

Mayor Drake asked if a sign could be posted to read, “Future Home of SRP Substation.”

Mr. Svoboda stated that SRP could be asked to do that.

Mr. Pugmire stated that SRP already agreed to do that.

Motion carried 6-1,   Council Member Lynch voted nay.

11)       DISCUSSION ITEMS

Rio Vista lot proceeds – Vice Mayor Rogers

Vice-Mayor Rogers stated that the Rio Vista lot was sold and asked that the proceeds go to the Contributions Assistance Fund.

Mayor Drake asked what was normally done with lot proceed sales.

Mr. Hileman, City Manager, stated that proceeds would normally go into the general fund balance because the money was not appropriated.  He stated that the Council could reappropriate those funds and turn them into one time dollars and make the program $56,000.

Mayor Drake asked if there was a problem in doing that.

Mr. McGuire, City Attorney, stated that he did not think there was anything legally to impede the Council in using those funds that way but it would need to be an agenda item.

Mayor Drake stated that he was worried about setting a precedent.

Mr. Hileman stated that Vice-Mayor Rogers was thinking that it would be nice for the committee to know that they had a $56,000 budget or a $41,000 budget.  He stated that if the Council was in agreement, $56,000 would be placed in the 304 Budget in the program for the next year. 

Council Member Lynch stated that she assumed, from past discussions, that the $15,000 would end up there anyway.

Mayor Drake asked that the item be brought back.

Mr. Hileman stated that he could bring it back in the Fiscal Year 2003-04 budget presentation.

Council Member Jones stated that she thought doing that would set a bad precedent.

Council Member Carroll stated that he agreed with Council Member Jones.

Council Member Shuey stated that ongoing revenues needed to be used to fund those programs.  He stated that he would like to see what other one time unfunded capital needs the money could be used for.

Council Member Karlin stated that she did not have enough information to make a decision.

Council Member Carroll stated that the City was in the position of carrying those agencies and more fundraisers were needed on their part to show a partnership.

Mayor Drake asked staff to bring the item back with more information.

12)       EXECUTIVE SESSION

Council Member Lynch moved to adjourn to executive session pursuant to Ariz. Rev. Stat. § 38-431.03 (A)(4) for discussion or consultation with the City’s attorney in order to consider its position and instruct the City’s attorney regarding the council’s position regarding (i) economic development agreements relating to (a) the Auto Mall, (b) the 107^th Avenue employment area and (c) the Civic Center commercial parcels; and (ii) status of the Crystal Gardens Lawsuit.  Vice-Mayor Rogers seconded the motion.  Motion carried unanimously.

ADJOURNMENT

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

Meeting adjourned at 9:24 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 17^th day of March, 2003.  I further certify that the meeting was duly called and held and that the quorum was present.

                     City Clerk