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Minutes of the Regular Meeting held May 19, 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 the statement regarding public appearances.

 

2)                  CITY MANAGER’S REPORT

 

Update on the installation of Computer Aided Dispatch System and Records Management System

 

Todd Hileman, City Manager, stated that after six months of staff training, the new computer aided dispatch system and records management system for the Police Department was ready to be implemented.

 

Kevin Hinderleider, IT Manager, stated that he had been working on the project for one year. He thanked the Council for their support. 

 

Council Member Carroll entered the meeting at this time.

 

Steven Ashworth, Consultant, stated that when he was asked to perform an assessment of the current system, he found that the City had not received what they asked for.  He stated that he helped turn the system back to Verizon, identify what was really needed and develop an RFP. 

 

Lt. David Snodgrass, Police Department, stated that everyone was amazed to discover what the system could do for the Department.  He demonstrated the system.

 

Mayor Drake entered the meeting at that time.


Chief MacKinnon stated that due to the extensive research that was done, the Department was able to get one of the best systems available

 

Council Member Karlin asked how compatible the system was to what other cities used.

 

Chief MacKinnon stated that Tolleson and Buckeye had the same system, and Goodyear was looking at a system that was compatible.  He stated that all of the information could be shared with other agencies.  He explained that the lap tops were locked down in the cars and the officers were responsible to keep them secure.

 

Chief MacKinnon stated that he appreciated the Council’s support on the project

 

Mayor Drake complimented Chief MacKinnon and his staff for this project.

 

3)                  APPROVAL OF MINUTES

 

Council Member Lynch moved to approve the minutes of the Work Session of April 21, 2003 and Regular meeting of April 21, 2003  as amended.  Council Member Carroll seconded the motion.  Motion carried unanimously.

 

4)         RECOGNITION ITEMS (MAYOR PRESENTATIONS)

 

Mayor Drake read the Police Week Proclamation recognizing police officers for their dedicated service to the community and for establishing a reputation for preserving the rights and security of all citizens.

 

Chief MacKinnon presented the Police Civilian Employee of the Year Award to Animal Control Officer, Racelle Carlson, and the Police Officer of the Year Award to Officer, Tony Fernandez.

 

Mayor Drake stated that Council Member Shuey received the Heart and Hand Award for his involvement in programs to help low income members of the community.

 

5)         SCHEDULED PUBLIC APPEARANCE

           

Todd Hileman, City Manager stated that Mary Rose Wilcox, Maricopa County Supervisor asked that her presentation of the County’s 03-04 Budget be postponed until the next meeting.

 

6)         UNSCHEDULED PUBLIC APPEARANCE

 

Steven Eisham, 2402 N. 112th Ln. Avondale, stated that he wanted to present information on the upcoming celebrity basketball game to be held at the Westview High School.

 

7)        CONSENT AGENDA

 

Council Member Lynch asked that Item No. “7.h” be pulled from the consent agenda.

 

Council Member Jones asked that Item No. “7.n” be pulled from the consent agenda.

 

a.         APPOINTMENT OF JUDGES PRO TEM

Request from Judge A. E. Bell, Presiding Judge, to appoint Judges Pro Tem to serve for a one-year term beginning June 1, 2003.

 

b.         RESOLUTION – INTERGOVERNMENTAL AGREEMENT – LITTLETON ELEMENTARY SCHOOL DISTRICT 65

Resolution authorizing an intergovernmental agreement with Littleton Elementary School District #65 for the purpose of offering a Summer Recreation Program for 2003 at a cost of $9,000.00.

 

c.         ORDINANCE – ROSZTOCZY ANNEXATION

Ordinance annexing 20 acres located at the southwest corner of McDowell and 107th Avenue.

 

d.         RESOLUTION – INTERGOVERNMENTAL AGREEMENT – MARICOPA COUNTY – COMMUNITY ACTION PROGRAM

                        Resolution authorizing an amendment to the intergovernmental agreement with Maricopa County for a grant of $108,590.00 to operate the Community Action Program (CAP) during FY 2003-2004.

 

            e.         AREA AGENCY ON AGING – CONTRACT AMENDMENT

                        Authorization to amend the FY 2002-2003 agreement with Area Agency on Aging (AAA), Region I, Inc., to accept $10,831.00 via the Older American’s Act for supplemental program enhancement funds from the Area Agency on Aging.

 

f.          CHANGE ORDER 1 – LAS LIGAS ELWOOD STREET/127TH AVENUE CDBG PAVING CONTRACT

                        Change Order 1 to the construction contract with Glendale Contracting for the Las Ligas Elwood Street and 127th Avenue CDBG project in the amount of $6,842.00.

 

            g.         ORDINANCE – ACCEPTANCE OF PEDESTRIAN EASEMENT

                        Ordinance accepting the dedication of a pedestrian easement at Coldwater Springs north of Buckeye Road, east of the Agua Fria River and will take appropriate action.

 

i.          CONTRACT AMENDMENT 2 – CAROLLO ENGINEERS WWTP CONSTRUCTION MANAGEMENT

                        Amendment 2 to the Carollo Engineers Construction Management Contract for Wastewater Treatment Plant Expansion project in the amount of $20,125.00 and consider deleting the warranty period services.

 

j.          CONSULTANT CONTRACT – SOUTH AVONDALE SIDEWALK PROJECT – WOOD, PATEL & ASSOCIATES, INC

Contract with Wood, Patel & Associates, Inc. to provide design and survey services for the South Avondale Sidewalk Project in the amount of $90,000.00.

 

            k.         PURCHASE OF GROUNDS MAINTENANCE EQUIPMENT

Purchase of grounds maintenance equipment from Arizona Machinery through the State of Arizona Cooperative Purchasing Program for $51,549.11.

 

l.          PURCHASE AND INSTALLATION OF AUDIO AND VIDEO EQUIPMENT – CIVIC CENTER

Authorization to purchase video and audio equipment and installation services from Commercial Computer Services, Inc. for the Avondale Civic Center in the amount of $383,147.73.

 

m.        PURCHASE OF PRINTERS AND COPIERS – CIVIC CENTER

Authorization to purchase 14 copiers for the new Avondale Civic Center for $154,181.95.

 

o.         PURCHASE OF 670 AF OF CENTRAL ARIZONA PROJECT ENTITLEMENT WATER

Purchase 670 acre-feet of Central Arizona Project Entitlement Water at an estimated cost of $351,116.73.

 

p.                  PROFESSIONAL SERVICES AGREEMENT AMENDMENT – RRM DESIGN GROUP – FREEWAY CORRIDOR DESIGN GUIDELINES

Extension of a professional services agreement with RRM Design Group for the preparation of the Freeway Corridor Design Guidelines.  The total fee, scope of work, and other terms of the original agreement will remain unchanged.

 

q.         RESOLUTION – ORDINANCE - AMENDMENT 1 – INTERGOVERNMENTAL AGREEMENT – MARICOPA COUNTY – AVONDALE CIVIC CENTER

Resolution authorizing Amendment 1 to the IGA with Maricopa County regarding the Avondale Civic Center and an ordinance authorizing the amended property transaction.

 

r.          AMENDED FINAL PLAT – AVONDALE CIVIC CENTER

Amended final plat for the Avondale Civic Center, located at the southeast corner of 115th Avenue and the Coldwater Springs Blvd alignment.

 

s.         115TH AVENUE – VAN BUREN STREET TO BUCKEYE ROAD WATER MAIN JOINT DEVELOPMENT AGREEMENT – REIMBURSEMENT OF WATER DEVELOPMENT FEES

Reimbursement of development fees in the amount of  $92,833.07 to Elliott Homes Inc. (The Sanctuary) and Avondale Park Manor LLC (Fieldcrest).

 

Andrew McGuire, City Attorney, read Resolution Nos. 2359-03, 2360-03 and 2362-03 and Ordinance Nos. 935-03, 936-03 and 938-03 for the above consent Item Nos. “7.b, 7.c, 7.d, 7.g” and “7.q” by title only.  Council Member Lynch moved to adopt the resolutions and ordinances and to approve the amended consent agenda.  Vice-Mayor Rogers seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

 

Council Member Jones

Aye

Council Member Karlin

Aye

Council Member Shuey

Aye

Council Member Lynch

Aye

Council Member Carroll

Aye

Vice Mayor Rogers

Aye

Mayor Drake

Aye

 

Motion carried unanimously.

 

            h.         LIQUOR LICENSE – VIVA MEXICO RESTAURANT

                        Application from Francisco Manriquez, Viva Mexico Restaurant, 10933 West Buckeye Road, for a Series 16 (state series 12) Restaurant license to sell spirituous liquors.

 

Council Member Lynch stated that she still had concerns about the item.  She stated that the applicant completed the required class, changed the hours he would spend at the site per day, and hired a manager.

 

Council Member Lynch asked if that individual would be the manager.

 

Ms. Farris stated that he would.

 

Council Member Lynch asked if the applicant would simply be the license holder at that point.

 

Ms. Farris stated that he would be the license holder and owner of the restaurant.

 

Council Member Lynch asked if the applicant was the owner of the business and not the property.

 

Francisco Manriquez, applicant, said that was correct.

 

Council Member Lynch asked if the applicant was leasing the restaurant and if he and the individual who would be managing the restaurant had taken the required class.

 

Mr. Manriquez stated that was correct.

 

Council Member Carroll stated that he disagreed with information on the application stating that the location was two miles from the nearest school and church.  He asked if the application could be approved anyway since it met the 300 foot requirement.

 

Ms. Farris stated that Mr. Manriquez could be asked to amend the application to show the accurate distance.

 

Council Member Lynch asked if there was a license currently at the location.

 

Ms. Farris stated that there was not.

 

Council Member Lynch asked if a license was denied at that site within the last year.

 

Ms. Farris stated that over the last few years, there had been several applications.  She stated that the problems were with the applicant and not the location.

 

Council Member Lynch asked if a license or a transfer license for the premises on the application been denied by the state within the past year.

 

Ms. Farris stated that the applicant knew she was going to be denied and withdrew the application so it did not show as a denial.

 

Council Member Karlin asked if Dario Arietia, who had completed the training, was going to be the manager.  She stated that there was another paper showing that Francisco Manriquez completed the basic training.

 

Ms. Farris stated that staff included the amendment to show that the new manager was already certified.  She stated that Mr. Manriquez would be required by the state to amend his application at a later date to show a manager.  She stated that staff contacted the state and was told that there was no requirement on how much time Mr. Manriquez spent at the restaurant each day. 

 

Vice-Mayor Rogers moved to approve the license.  Council Member Carroll seconded the motion.

 

Motion carried unanimously.

 

n.         RESOLUTION – MANAGEMENT IMPLEMENTATION AGREEMENT – COMMUNITY DEVELOPMENT BLOCK GRANT – HOUSING DEMOLITION

Resolution authorizing the execution of a Management Implementation Agreement (MIA) with the Maricopa County Community Development Agency (MCCD) to initiate the CDBG awarded to the City of Avondale in the amount of $300,000.00 for the acquisition and demolition of properties in low and moderate income areas of the City for the purposes of providing affordable housing.

 

Council Member Jones stated that she wanted to acknowledge Council Member Shuey’s involvement on the committee and his exceptional work.

 

Andrew McGuire, City Attorney, read Resolution 2361-03 by title only.  Council Member Jones moved to adopt the resolution.  Council Member Karlin seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

 

Council Member Jones

Aye

Council Member Karlin

Aye

Council Member Shuey

Aye

Council Member Lynch

Aye

Council Member Carroll

Aye

Vice Mayor Rogers

Aye

Mayor Drake

Aye

 

Motion carried unanimously.

 

8)         PUBLIC HEARING – BINGO LICENSE LOCATION CHANGE

Public hearing regarding a location change for the Veterans of Foreign Wars Post 10308 Bingo games from 16 East Western Avenue to 35 North 8th Street (American Legion Post 61) effective June 25, 2003.

 

Todd Hileman, City Manager, stated that a request was received by the Veterans of Foreign Wars Post 10308 to move their bingo games from 16 East Western Avenue to 35 North 8th Street effective June 25, 2003.

 

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

 

Vice-Mayor Rogers moved to approve the item as recommended.  Council Member Shuey seconded the motion.

 

Council Member Lynch asked if the move would be permanent and what would become of the building on Western Avenue.

 

Council Member Carroll stated that the move was a permanent one for the whole operation of the local VFW post because the rent had increased too much. 

 

Motion carried unanimously.

 

9)         RESOLUTION – GENERAL OBLIGATION BONDS, SERIES A 2003

Resolution authorizing the issuance of City of Avondale General Obligation Bonds, Series A (2003), in amount not to exceed $7,050,000.00.

 

Kevin Artz, Budget and Finance Director, stated that the first resolution was to issue general obligation bonds in the amount of $7,050,000 for the construction of 115th Avenue.  He stated that the bonds were structured so that the tax rate would not increase for the City.  He stated that the second resolution was for refunding general obligation bonds in an amount not to exceed $3, 060,000.  He stated that the bonds were issued in 1993 to construct the wetlands site.  He stated that refinancing would result in substantial savings.

 

Council Member Lynch stated that the total savings was phenomenal.

 

Mr. Artz stated that on the refunding issue, the total savings would be $385,000.00 and on another issue the total savings was $75,000.00.

 

Council Member Shuey asked for information on the market and the timing of that particular sale compared to what was historically seen with the market.

 

Mark Reader, Stone and Youngberg, stated that bids were received that morning and interest rates had declined 40 to 50 basis points since the process had began.  He stated that the City’s bonds sold at lower interest rates than others.  He stated that some strong bids were received and that Pain Webber had the winning bid on all three issues. 

 

Andrew McGuire, City Attorney, read Resolution No. 2362-03 by title only.  Council Member Carroll moved to adopt the resolution and declare an emergency.  Council Member Lynch seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

 

Council Member Jones

Aye

Council Member Karlin

Aye

Council Member Shuey

Aye

Council Member Lynch

Aye

Council Member Carroll

Aye

Vice Mayor Rogers

Aye

Mayor Drake

Aye

 

Motion carried unanimously.

 

10)       RESOLUTION – REFUNDING GENERAL OBLIGATION BONDS, SERIES B 2003

Resolution authorizing the issuance of City of Avondale Refunding General Obligation Bonds, Series B (2003), in an amount not to exceed $3,060,000.00.

 

Andrew McGuire, City Attorney, read Resolution No. 2364-03 by title only.  Council Member Lynch moved to adopt the resolution and declare an emergency.  Council Member Karlin seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

 

Council Member Jones

Aye

Council Member Karlin

Aye

Council Member Shuey

Aye

Council Member Lynch

Aye

Council Member Carroll

Aye

Vice Mayor Rogers

Aye

Mayor Drake

Aye

 

 

Council Member Lynch stated that she wanted to commend staff for the job that they were doing in managing the finances of the City.

 

Motion carried unanimously.

 

11)       AMENDED SITE PLAN – AVONDALE FIESTA PLAZA – AR03-595-AMI

Request by Eric Welzien, Andrews Design Group, for approval of an amended site plan for the Avondale Fiesta Plaza, located on the southeast corner of 115th Avenue and Buckeye Road.

 

Dean Svoboda, Planning and Building Services Director, stated that the request was to amend the site plan previously approved by the Council.  He stated that the intent of the amendment was to reflect changes to eliminate the pedestrian easement that ran along the southern perimeter and to accommodate a drive-thru for a Fry’s Pharmacy.  He stated that the Planning and Zoning Commission recommended approval subject to 13 stipulations.  He stated that Stipulation Nos. 4 and 12 were amended as follows:

 

  1. All development shall substantially conform to the master site plan, landscape plan, and building elevations date stamped January 7, 2003, except as modified by the amended site plan date stamped March 12, 2003.
  2. All loading docks shall be screened with an 8-foot masonry wall that matches the architecture of the plaza
  3. All signage shall require a separate permit.
  4. All proposed buildings, including those of franchise uses, within the plaza will match the approved Materials and Color Elevations Board dated December 31, 2002.  Any changes to the approved materials and color board shall require a minor site plan amendment.
  5. Plaza drives along 115th Avenue shall be coordinated with the Littleton Elementary drives as determined by the City Engineer.
  6. The centerline of the northern most driveway on 113th Avenue shall line up with the centerline of Joblanca Road.
  7. Trash enclosures shall be constructed per City of Avondale Garbage Enclosure Specifications.
  8. A final landscape and irrigation plan shall be submitted to and approved by the Planning and Building Services Department prior to the issuance of a building permit.
  9. In accordance with Section 106.C.4 of the City of Avondale Zoning Ordinance, the site plan shall expire within one year of approval if a building permit has not been issued.
  10. Pads B-E will require administrative site plan review and approval by the Planning and Building Services Department prior to development.
  11. The landscape plan shall be revised to eliminate the Mexican Fan Palms and a substitute tree shall be approved by staff.
  12. The pick-up window shown at the south end of the “Shops A” building is not part of this approval.  A pick-up window at this location shall require a minor site plan amendment.  This shall not permit a drive-thru for a fast food restaurant or other major traffic generator.
  13. The developer shall provide a physical barrier to discourage pedestrian traffic through the rear retention basin as determined by staff prior to construction plan approval.

 

Mr. Svoboda stated that staff recommended approval subject to the amended stipulations.

 

Council Member Carroll asked if there would be a traffic lane through the site.

 

Mr. Svoboda stated that cars would enter from the far side of the drive-thru lane, circle around the landscaped area, drive-up to the window and exit out to the main traffic aisle.

 

Council Member Lynch asked if it would be a full Fry’s Marketplace.

 

Mr. Svoboda stated that it would.

 

Council Member Lynch stated that the project would be a great addition to Avondale.

 

Paul Gilbert, Beus Gilbert, 2800 N. Central, stated that it would not be a full Fry’s Marketplace but that the site was expanded to accommodate additional room and a pharmacy.

 

Mayor Drake stated that the report indicated that it would be a Fry’s Marketplace.

 

Mr. Svoboda stated that had been staff’s understanding since the application of the amendment.  He stated that the records showed that the existing major tenant would increase in size from 62,293 to 74,000 square feet.

 

Council Member Carroll asked when construction would begin.

 

Mr. Gilbert stated that if approved, the intent was to proceed immediately.

 

Mayor Drake asked if the signage required a separate permit.

 

Mr. Svoboda stated that it did.

 

Mayor Drake asked if the Mexican Fan Palms were being eliminated.

 

Mr. Svoboda stated that they were.

 

Vice-Mayor Rogers moved to approve the item as recommended subject to the stipulations as amended.  Council Member Shuey seconded the motion.  Motion carried unanimously.

 

12)       TIME EXTENSION – DESERT SPRINGS VILLAGE PADD ZONING – A03-385-X2

Request by Mark Pugmire, Highland Ranch Construction Company, for a one-year time extension for the Desert Springs Village PAD, located at the northwest corner of 119th Avenue and Van Buren Street.

 

Dean Svoboda, Director, Planning and Building Services, stated that the an extension was granted on July 2002 and expired on May 15th.  He stated that the preliminary plat had been approved and the applicant filed the final plat request.  He stated that the applicant made a diligent effort to obtain the approval and unfortunately, there were some outstanding issues regarding SRP irrigation which prevented getting the final plat to the Council before the expiration.  He stated that staff recommended that the time extension be granted until May 15, 2004.

 

Council Member Lynch stated that she did not vote in favor of the item before and would be voting “nay” to be consistent.

 

Vice-Mayor Rogers moved to approve the item as recommended.  Council Member Karlin seconded the motion.

 

Council Member Carroll asked why the lots were so small.

 

Mr. Svoboda stated that the zoning called for half of the property to be single family and the rest to be multi-family.  He stated that the “Z” lot single-family product was unique and desirable for the reduction in density.

 

Council Member Carroll asked if all of the houses would be two-story.

 

Mr. Svoboda stated that there would be a mix of one and two-story houses.

 

Council Member Shuey asked if there would be sidewalks on both sides of the street.

 

Mr. Svoboda stated that there would.

 

Council Member Jones asked if the product was the same as the kind seen in Mesa.

 

Mr. Svoboda stated that the product had the two-pack concept with the garages forward and back.

 

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

 

13)       PRELIMINARY PLAT – EL MIRAGE ESTATES – B02-389

            Request by Delmar Fox, CMX LLC, for preliminary plat approval for El Mirage Estates, a 251 lot single-family residential subdivision located on 79 gross acres at the southeast corner of Lower Buckeye and El Mirage Roads.

 

Dean Svoboda, Director, Planning and Building Services, stated that the P.A.D. zoning for the project was approved in 2000.  He stated that there would be 251 single family lots with a density of 3.4 units to the acre.  He stated that the average lot size was over 8,000 square feet and there would be over 10 acres of open space with amenities.  He stated that both entries would have major entry features.  He stated that there were stipulations requiring that notice be given about the proximity to the nearby dairies and substation.  He stated that Elwood Street would be improved up to the entrance of the subdivision and the remainder would be abandoned.  He stated that the Planning and Zoning Commission recommended approval subject to the following seven stipulations.

 

1.      The final plat shall be in substantial conformance with the approved preliminary plat date stamped March 11, 2003.

2.      All perimeter walls and landscaping shall be installed with the first phase of the project.

3.      The final plat and CC&R’s shall state that the homeowners’ association shall maintain all common areas and tracts.

4.      A note shall be placed on the final plat stating, “Lots 1-20, 131-139, 181-186 and 248-251 shall be limited to one-story homes.”

5.      Prospective homebuyers shall be informed by affidavit of the500 kV substation within the vicinity of the subdivision.  A notice shall also be prominently displayed in the model home sales office.  Notice shall also be placed within the CC&R’s, public report and on the final plat.

6.      Prospective homebuyers shall be informed by affidavit of the dairy farms within the vicinity of the subdivision.  A notice shall also be prominently displayed in the model home sales office.  Notice shall also be placed within the CC&R’s, public report and on the final plat.

7.      A final landscape and irrigation plan shall be submitted prior to approval of the final plat.

 

Council Member Shuey asked for clarification about the portion of Elwood that would be abandoned.

 

Mr. Svoboda stated that the right-of-way would not be there, the utility easements would be there and there would be a landscaped tract at that location.

 

Council Member Lynch asked if the developer was aware that the Council was willing to waive the water feature.

 

Mr. Svoboda stated that he was.

 

Council Member Lynch asked if there was a builder for the site.

 

Jeff Proper, 3550 N. Central Ave., Phoenix, stated that the project was in escrow with the same builder that was doing Tres Rios.

 

Council Member Lynch asked for the price range of the homes.

 

Mr. Proper stated that the homes would range from $110,000 to $130,000.

 

Council Member Carroll asked if it was normal to have two different streets with the same name.

 

Mr. Svoboda stated that it was not but all maps referred to that southern entrance as Elwood Street and that was the correct alignment within the valley as a whole.

 

Council Member Jones asked if the play area would be located along El Mirage Road.

 

Mr. Svoboda stated that the tot lot would be located in the interior of the open space.

 

Council Member Jones moved to approve the item as recommended.  Council Member Carroll seconded the motion.  Motion carried 6-1.  Council Member Karlin voted nay.

 

14)       SITE PLAN – COLDWATER SPRINGS APARTMENTS – AR03-613

            Request by Jeff Allen, Picerne Development Corporation, for site plan approval for the Coldwater Springs Apartments, located at the southeast corner of Links Drive (119th Avenue alignment) and Van Buren Street.

 

Dean Svoboda, Director, Planning and Building Services, stated that the request was part of the overall P.A.D. for Coldwater Springs which included a mix of multi-family, single family and commercial units when approved in 1997.  He stated that the proposal included 247 apartment units on 14 acres with amenities.  He stated that there would be one, primary entrance and the site would have a southwestern theme.  He stated that the Planning and Zoning Commission recommended approval subject to six stipulations.  He stated that Stipulation No. 7 needed to be added as follows:

 

1.      All development shall substantially conform to the site plan, landscape plan and building elevations date stamped April 9, 2003.

2.      All half-street improvements to Van Buren Street and Links Drive shall be constructed as determined by the City Engineer.

3.      Access to the apartment complex shall be gated as shown on the site plan date stamped April 9, 2003.  All gates shall be equipped to allow emergency access by the Fire Department.

4.      Trash enclosures shall be constructed per City of Avondale Garbage Enclosure Specifications.

5.      A final landscape and irrigation plan shall be submitted to and approved by the Planning and Building Services Department prior to the issuance of a building permit.

6.      In accordance with Section 106.C.4 of the City of Avondale Zoning Ordinance, the site plan shall expire within one year of approval if a building permit has not been issued.

7.      All of the Phase II infrastructure improvements required by Section 2.8 of the Coldwater Springs Development Agreement dated September 20, 1999, shall be constructed prior to the issuance of a certificate of occupancy on any parcel in Phase II.

 

Mayor Drake stated that he had some questions for the applicant.

 

Mr. Svoboda stated that the applicant was not present at that time.

 

Council Member Lynch moved to continue the item to June 2, 2003.  Council Member Carroll seconded the motion.  Motion carried 6-1. Vice-Mayor Rogers voted nay.

 

15)       PUBLIC HEARING – ORDINANCE – TEXT AMENDMENT – RESIDENTIAL ENTRY FEATURES (TA03-620)

Public hearing and consideration of an ordinance approving case TA03-620, a text amendment to Section 609.1.0 of the Zoning Ordinance regarding entry features in the PAD district.

 

Dean Svoboda, Director, Planning and Building Services, stated that the purpose of the amendment was to encourage a wide variety of design approaches for aesthetic entry features and allowing a water feature to be an option rather than mandatory.  He stated that the Planning and Zoning Commission and staff recommended approval of the item.

 

Council Member Lynch asked if language regarding lighting at the main entries needed to be included.

 

Mr. Svoboda stated that the only reference to lighting was regarding feature lighting such as decorative light fixtures or lighting around landscaping.  He stated that the Council could make that mandatory or it could be dealt with on a case-by-case basis through the review process.

 

Council Member Karlin stated that she would be in favor of dealing with the matter on a case-by-case basis.

 

Mayor Drake stated that he would agree.

 

Council Member Carroll stated that some things needed to be standard and the Council needed to look at future needs.  He stated that entry points should be well illuminated.

 

Vice-Mayor Rogers stated that she would be in favor of going with a case-by-case basis.

 

Council Member Jones stated that she thought feature lighting would be sufficient.

 

Mr. Svoboda stated that feature lighting could take the form of decorative lighting or landscaped lighting and would not be mandatory.

 

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

 

Andrew McGuire, City Attorney, read Ordinance No. 937-03 by title only.  Council Member Shuey moved to adopt the ordinance.  Council Member Karlin seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

 

Council Member Jones

Aye

Council Member Karlin

Aye

Council Member Shuey

Aye

Council Member Lynch

Aye

Council Member Carroll

Aye

Vice Mayor Rogers

Aye

Mayor Drake

Aye

 

Motion carried unanimously.

 

16)       DISCUSSION ITEMS

 

There were no items for discussion at that time.

           

17)       EXECUTIVE SESSION

Council Member Lynch moved to adjourn to executive session pursuant to Ariz. Rev. Stat. § 38-431.03 (A)(1) for discussion and consideration of the annual performance review for the City Manager and 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 the Crystal Gardens lawsuit.  Council Member Carroll seconded the motion.  Motion carried unanimously.

 

ADJOURNMENT

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

 

Meeting adjourned at * 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 19th day of May, 2003.  I further certify that the meeting was duly called and held and that the quorum was present.

 

                                                           

                     City Clerk