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Minutes of the Regular Meeting held November17, 2003 at 7:00 p.m. in the Council Chambers.

 

Members Present       

Mayor Ronald Drake and Council Members                                         Marie Lopez Rogers

                                                                                                            Chuck Wolf

                                                                                                            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

 

            Introduction of new Lieutenants and Sergeants in the Police Department

 

Charlie McClendon, Assistant City Manager, introduced Lt. Chris Medaglia, Lt. Terri Milburn, Sgt. Anthony Bullock and Sgt. Kevin Haymore.

 

Vice-Mayor Rogers stated that she was very thankful for their service to Avondale.

 

3)                  APPROVAL OF MINUTES

 

Council Member Lynch moved to approve the minutes of the Work Session of October 20, 2003, Regular meeting of October 20, 2003, Work Session of November 3, 2003 and Regular meeting of November 3, 2003 as amended.  Council Member Shuey seconded the motion.  Motion carried unanimously.

 

4)         RECOGNITION ITEMS (MAYOR PRESENTATIONS)

 

There were no recognition items at that time.

 

5)         UNSCHEDULED PUBLIC APPEARANCE

           

There were no unscheduled public appearances at that time.


6)        CONSENT AGENDA

 

a.                  RESOLUTION – CANVASS OF VOTES FOR THE 2003 GENERAL ELECTION

Resolution canvassing the 2003 General Election.

 

b.                  RESOLUTION – AVONDALE URBANIZED AREA TRANSIT PLAN

Resolution approving the Avondale Urbanized Area Transit Plan.

 

c.                   MARICOPA COUNTY HUMAN SERVICES – COMMUNITY ACTION PROGRAM – RIGHT OF FIRST REFUSAL

Notification to Maricopa County Human Services of the intent of the City of Avondale to continue as the provider for the Community Action Program for FY 2004-2005.

 

d.                  ORDINANCE – AMENDING THE CITYWIDE SPEED LIMIT ORDINANCE

Ordinance amending the City Code, Chapter 23, Traffic, Section 23-15, Speed Limits on Residential and Commercial Streets, relating to posted speed limits on streets within the City of Avondale.

 

e.         RESOLUTION – CDBG 2004-2005

Resolution authorizing the submission of a FY 2004-2005 Community Development Block Grant program (CDBG) application seeking $330,000.00 for construction and construction management services to install sidewalks in South Avondale.

 

f.          RESOLUTION – INTERGOVERNMENTAL AGREEMENT – MARICOPA COUNTY – HOMELAND SECURITY FUNDS

Resolution approving an intergovernmental agreement with Maricopa County to allow the City to receive $75,000.00 in homeland security grant funds.

 

g.         ORDINANCE – PUBLIC UTILITY EASEMENT – PATRICIA SHAWVER TRUST

Ordinance accepting the dedication of a public utility easement for the installation and maintenance of public underground facilities.

 

Andrew McGuire, City Attorney, read Resolution Nos. 2392-03, 2393-03, 2394-03, 2395-03 and Ordinance Nos. 961-03 and 962-03 for the above consent Item Nos. “6.a, b, d, e, f” and “6.g” by title only.  Council Member Carroll moved to adopt the resolutions and ordinances and to approve the amended consent agenda.  Council Member Shuey seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

 

Council Member Wolf

Aye

Council Member Karlin

Aye

Council Member Shuey

Aye

Council Member Lynch

Aye

Council Member Carroll

Aye

Vice Mayor Rogers

Aye

 

Motion carried unanimously.

 

7)         EXTENSION OF PREMISES – JACK’S PLACE

Request by Henry Beltran for an Extension of Premises for Jack’s Place – Series 6 – On-Sale Retailer’s license to sell all spirituous liquors located at 613 East Western Avenue.

 

Linda Farris, City Clerk, stated that the item was brought back before the Council to correct a typographical error.  She stated that the request was for an extension of premises for a 2,500 foot addition to the existing building.

 

Council Member Lynch stated that businesses and residents had a right to anticipate certain things based on the planning and zoning ordinances.  She stated that some businesses had been afraid to speak up for fear of retaliation, some had made different comments to different Council members, and the Department of Liquor Control and Licenses had given varying information to various callers.  She stated that she would be voting “no” on the item.

 

Council Member Carroll moved to approve the item as recommended.  Council Member Karlin seconded the motion.  Motion carried 5-1.  Council Member Lynch voted nay.

 

8)         TEXACO STAR MART

Request by Randy Nations, representing the Carioca Company, for a Series 10 Off-Sale Retailer’s license to sell beer and wine at Texaco Star Mart, located at 1595 North Dysart Road.

 

Linda Farris, City Clerk, stated that the request was for a Series 10 license to sell beer and wine at the Texaco Star Mart.  She explained that the Council had questions of the applicant and so the itemed was continued until the applicant could attend.  She stated that the request was for a new license but there was an existing license at that location.

 

Council Member Lynch stated that she would be voting “no” based on a prior application for the site and along with the request of residents who believed there were enough retail outlets for liquor in the area.

 

Council Member Carroll clarified that the license was not new and the request was because of a name change.  He asked if churches or schools could move within the 300 feet limit.

 

Andrew McGuire, City Attorney, stated that if one of those uses moved within 300 feet, the license could continue on.

 

Council Member Carroll moved to approve the item as recommended.  Council Member Wolf seconded the motion.  Motion carried 5-1. Council Member Lynch voted nay.

 

9)         PUBLIC HEARING – ORDINANCE – ESTRELLA VISTA CENTER REZONING – AO-662

Request by Don Bennett and George Quinif, Southwest Capital Holdings, to rezone approximately 5.31 acres located at the northeast corner of Elise Felix Jr. Way and Van Buren Street from A-1 (Industrial) to C-2 (Community Commercial).

 

Dean Svoboda, Planning and Building Services Director, stated that the request was to rezone five acres at the northeast corner of Eliseo Felix Jr. Way and Van Buren Street from A-1 to C-2.  He stated that the parcel was the only one at that intersection without C-2 zoning and the request was consistent with the general plan.  He stated that the facility would be expanded and there would be additional tenant space.  He stated that the Planning and Zoning Commission recommended approval subject to the four stipulations as follows:

 

  1. The entire site shall be planned an developed as a single unit with shared access, common architecture and common landscaping.
  2. All proposed development shall be architecturally compatible to the Estrella Vista Reception Center.
  3. The applicant shall dedicate 30 feet of right-of-way for Elise Felix Jr. Way.
  4. Half-street improvements along Elise Felix Jr. Way shall be constructed in a single phase at time of development.  This includes sidewalk, additional pavement, street lighting and right-of-way landscaping as determined by the City Engineer at the time of site plan approval.

 

Council Member Lynch asked for clarification on the expansion.

 

Mr. Svoboda showed where the expansion would occur and stated that the southern half of the site would be used for tenant space.

 

Council Member Carroll asked if heavy industrial was planned for that area.

 

Mr. Svoboda stated that the building materials site under construction was a permitted use under A-1 zoning.  He stated that there would be a separation between that site and the proposed site.

 

Council Member Karlin stated that she was excited that type of business was coming to Avondale and felt it would be an asset to the community.

 

Vice-Mayor Rogers opened the public hearing and asked for comments.  Hearing none, she declared the hearing closed.

 

Andrew McGuire, City Attorney, read Ordinance No. 963-03 by title only.  Council Member Karlin moved to adopt the ordinance subject to the four stipulations.  Council Member Wolf seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

 

Council Member Wolf

Aye

Council Member Karlin

Aye

Council Member Shuey

Aye

Council Member Lynch

Aye

Council Member Carroll

Aye

Vice Mayor Rogers

Aye

 

Motion carried unanimously.

 

10)       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 and Van Buren.

 

Dean Svoboda, Planning and Building Services Director,  stated that the site would include a 247-unit apartment complex on 14 acres and with a density of 17.5 dwelling units per acre.  He stated that the architectural elevations were very desirable and the site plan included gate access entry off of Links Drive.  He stated that the Planning and Zoning Commission and staff recommended approval subject to seven stipulations 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 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 to Avondale Boulevard, Van Buren Street, Links Drive and Coldwater Boulevard  required by the Coldwater Springs Development Agreement dated September 20, 1999 shall be constructed or guaranteed by a performance bond prior to the issuance of a certificate of occupancy.

 

Council Member Lynch asked how many children were anticipated at the site.

 

Jeffrey Allen, 1420 E. Missouri Ave., Phoenix, stated that he was not sure.

 

Council Member Lynch stated even though the apartments would be targeting professionals, there may have busloads of children there.  She asked where the school bus pick up area would be located.  She expressed concern regarding having the children picked up on the street.

 

Mr. Allen stated that the school district would determine where the safest place was.

 

Council Member Lynch asked what the rental rates would be.

 

Mr. Allen stated that the rent would be compatible with principal and interest payments on a single family mortgage.

 

Council Member Lynch stated that vacancy rates were high in the west valley and asked if condominums or town homes were considered for the site.

 

Mr. Allen stated that his experience with the west valley was extensive and the experience with that particular product line had been very good.  He stated that his research showed that the west valley was a good side of town to invest in mid to long term for income producing properties.

 

Council Member Lynch asked if the developer intended to hold the property rather than sell it once it was leased.

 

Mr. Allen stated that the site was not a venture investment.

 

Council Member Lynch asked how far along the leasing program was at Remington Ranch.

 

Mr. Allen stated that project had done very well and would close out in December.

 

Council Member Lynch asked if the site was in Litchfield Park or the county.

 

Mr. Allen stated that it was in the county.

 

Council Member Carroll asked where the tot lot would be located.

 

Mr. Allen stated that the site would not target families but upwardly mobile professionals.

 

Council Member Carroll asked where the basketball and tennis courts would be.

 

Mr. Allen stated that sport courts were not typically used at those sites but there would be an elaborate fitness center.

 

Council Member Carroll asked for clarification on the number of garages and parking spaces.

 

Mr. Allen stated that there would be 20 to 30 garages and covered carports.

 

Council Member Carroll asked if there would be 247 units on the site.

 

Mr. Allen stated that there would be 247 units with four model units and the clubhouse/office complex.

 

Council Member Carroll asked for clarification on open space.

 

Mr. Svoboda stated that 42% of the property would be open space.

 

Council Member Wolf asked if there would be emergency access.

 

Mr. Svoboda stated that emergency access was a requirement of the Fire Department at the time of construction plan approval.

 

Council Member Lynch asked if a stipulation was needed regarding school buses.

 

Mr. Svoboda stated that based on the layout of the complex and other factors, staff believed the site plan was appropriate as shown.

 

Council Member Karlin moved to approve the item as recommended subject to the seven stipulations.  Council Member Shuey seconded the motion.  Motion carried unanimously.

 

Mayor Drake entered the meeting.

 

11)       SITE PLAN – ST. THOMAS AQUINAS CATHOLIC COMMUNITY – AR03-539-AM2

Request by Father Kieran Kleczewski, Roman Catholic Diocese of Phoenix, for master site plan approval for the St. Thomas Aquinas Catholic Community located near the northeast corner of Thomas Road and Litchfield Road.

 

Dean Svoboda, Planning and Building Services Director, stated that the request was for master site plan approval for the St. Thomas Aquinas Catholic Community.  He stated that the total master plan included 37 acres, as part of the Palm Valley P.A.D., and the zoning accommodated that use.  He stated that the property was at the northwest corner of 137th Avenue and Thomas Road and that a 5,000 square foot senior center was part of the request that evening.  He stated that detailed site plan reviews would come back through an administrative process in the future.  He stated that the master plan included eight buildings with 200,000 square feet of floor area, a high school, expansion of the elementary school, two chapels, a parish hall, sports fields, parking lots and retention areas. 

 

Mr. Svoboda stated that primary access would be off of Thomas Road and there would be three access points off of 137th Avenue.  He stated that 137th Avenue would eventually be improved all the way to Indian School Road.  He stated that the site plan would include architectural features, distinctive landscaping and a buffer along the north perimeter to tie in with the retention area.  He stated that the high school may require lighted fields and that was part of the proposal that evening.  He stated that the Planning and Zoning Commission and staff recommended approval subject to nine stipulations as follows:

 

  1. Development shall substantially conform to the site plan, preliminary landscape plan and elevations date stamped August 9, 2003.
  2. The church and elementary school are already approved as Phase I.  The senior center is approved with the master site plan.  Each remaining element of the master site plan will require site plan review and approval by the Planning and Building Services Department prior to development.
  3. Final landscape and irrigation plans for each remaining element of the master site plan shall be approved by the Planning and building Services Department prior to the issuance of any building permit for the respective element.
  4. Improvements to 137th Avenue from Thomas Road to Indian School Road will need to be completed in their entirety prior to approval of the site plan for the high school.  These improvements will include 84 feet of right-of-way, bike lanes, curb and gutter, landscaping and sidewalks as required by the City Engineer.  SunCor, as master developer of the Thomas Estates subdivision, is responsible for all improvements to 137th Avenue.
  5. The architecture of the remaining buildings will be consistent with the Spanish Mission theme established with the master site plan.
  6. The developer shall demonstrate that there is adequate parking to accommodate each additional phase at time of site plan approval.
  7. A 10-foot wide landscape buffer shall be provided along the north property line adjacent to the Thomas Estates subdivision.  At least one 15-gallon tree per 20 feet of buffer shall be planted within this area.
  8. Only a wrought iron view fence will be permitted along the north property line adjacent to the Thomas Estates subdivision to avoid the creation of limited visibility areas.
  9. Lighting for the athletic fields is approved as part of the master site plan.  However, all lighting will require review and approval from the Planning and Building Services Department at the time of site plan review for the high school and/or athletic fields.

 

Council Member Lynch stated that the site was turning out to be absolutely gorgeous and asked who would pay for a traffic signal if necessary at either Indian School Rd. or Thomas.

 

Mr. Svoboda stated that the traffic study done indicated that neither the Thomas Estates nor this development would justify the signal.  However, the warrants may be met when the area by Indian School and Plaza Circle develop and indicated that at that point it might fall upon the City to do the improvements.  Ms. Svoboda added that he didn’t think the issue was addressed in the  Development Agreement with Suncor

 

Council Member Lynch asked if there would be sidewalks along Thomas Road because it will be  difficult to get from Dysart to the YMCA due to the lack of sidewalks.

 

Mr. Svoboda stated that there would be sidewalks for the length of the property, but was unsure about the remainder of the way to the west.  He added that to the east it would be done when Thomas Estates was built.

 

Council Member Lynch stated that she hoped the City of Goodyear would make sure sidewalks were built when the YMCA is built. 

 

Council Member Lynch asked if Father Kieran’s residence was now included in the master plan.

 

Father Kieran Kleczewski, Roman Catholic Diocese of Phoenix, indicated that it is not yet included due to the Diocese not approving the inclusion of the rectory in the project at this time.  He indicated that the plan is to eventually build the rectory in the northeast corner of the property where it would be more secluded and closer to other residential properties.

 

Council Member Lynch asked Mr. Svoboda if bringing the addition of the rectory would cause difficultly in the future.

 

Mr. Svoboda stated that it would be handled through an administrative review process.

 

Vice-Mayor Rogers asked if the senior center would be strictly for parishioners.

 

Father Kieran stated that initially it would function as a small partish hall, but eventually the center would be a facility for all seniors in the community.

 

Vice-Mayor Rogers moved to approve the site plan as recommended subject to the nine stipulations.  Council Member Carroll seconded the motion.

 

Mayor Drake asked for clarification on who would be responsible for the traffic signal if it went on Indian School Road.

 

David Fitzhugh, Assistant City Manager, stated that a future traffic signal may be handled as a three-way jurisdictional matter between the City, Maricopa County and Litchfield Park. 

 

Mayor Drake stated that he was concerned about having a house in the parking lot on the northeast corner of the property and indicated that homeowners could have the expectation of locating their home next to a parking lot and then realize that there would be a home there.

 

Mr. Svoboda described the area where the residence would be located and indicated that there would be a road between the rectory and adjacent homes.  Mayor Drake stated he was satisfied with the explanation.

 

Council Member Lynch asked if a light at Thomas Road would be the responsibility of Goodyear and Avondale.

 

Mr. Svoboda stated that the traffic study looked at the projects individually and as a group and showed that the timing of when the criteria would be met depends on the configuration of the developments and at that time it would very likely be a shared responsibility.

 

Council Member Lynch stated that she was concerned that the responsibility should be shared with the communities to the north.

 

Motion carried unanimously.

 

12)       SITE PLAN – SATURN OF AVONDALE – AR03-671

Request by Darwin Lindahl, Darwin Lindahl Architects, for site plan approval for Saturn of Avondale, located within the Avondale Automall, south of Interstate 10, between 99th and 107th Avenues.

 

Dean Svoboda, Planning and Building Services Director, stated that the request was for site plan approval for the Saturn Dealership in the western most portion of the automall.  He stated that the project would take up two thirds of Lot No. 12 and the remainder would be folded into Lot No. 11.  He stated that the site plan would take up 8.7 acres for a sales and service facility with storage on the south side.  He stated that the service entry would be off of 107th Avenue with recessed, glass doors.  He stated that the retention area and landscaping would be integrated with the display of vehicles in front.  He stated that because of the spacing of traffic signals, access on 107th Avenue would be right-in/right-out only and an adjustment was made to the location of the driveway off of Roosevelt Street.

 

Mr. Svoboda stated that a stipulation was made to ensure the height of the lighting was consistent with the zoning that was approved for the automall.  He stated that the architecture was modern with a combination of stucco in an off-white color with aluminum and metal accents.  He stated that the Planning and Zoning Commission and staff recommended approval subject to eight stipulations with Stipulation No. 7 being amended as follows:

 

  1. The development shall conform to the Project Narrative Site Plan, Elevation Plan and Conceptual Landscape Plan date stamped October 6, 2003, as modified by these stipulations.
  2. A lot line adjustment to modify Lot Nos. 10, 11 and 12, as presented on the site plan, shall be reviewed by staff and recorded prior to the issuance of a building permit.
  3. The carwash facility may only be used for vehicles sold or serviced at the site.
  4. The 107th Avenue driveway shall be restricted to right-in and right-out turning movements and the western driveway on Roosevelt Street shall be shifted approximately 30 feet to the east as determined by the City Engineer at the time of construction plan approval.
  5. Signage for the site shall be considered under a separate permit and shall comply with the City of Avondale requirements and the Automall P.A.D.
  6. Pole mounted lighting shall not exceed 25 feet in height.
  7. Final landscape plans shall be reviewed and approved prior to the issuance of construction permits.  The landscape plans shall include details of screen walls and gates. The parking and storage areas along Roosevelt Street shall be screened by a combination wall and landscape berm as determined at the time of construction plan review.
  8. 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.
  9. The required east half street improvements for 107th Avenue shall be completed to the satisfaction of the City Engineer prior to the issuance of a Certificate of Occupancy.

 

Council Member Carroll asked for clarification on the plans to have right-in/right-out ingress and egress only.

 

Mr. Svoboda stated that southbound traffic would have two options including one at Dealer Drive and Roosevelt with a raised median.

 

Council Member Carroll asked if the Saturn dealership would fill out that stretch of Dealer Drive.

 

Mr. Svoboda stated that most the sites at the automall were spoken for with the exception of  one.

 

Council Member Carroll asked what the corner of Dealer Drive would look like near 107th Avenue.

 

Mr. Svoboda stated that property had not been planned yet and it was too early to envision what it would look like.

 

Mayor Drake asked if there would be a curb break there.

 

Mr. Svoboda stated that there may be a frontage road on the west half of the street.

 

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

 

13)       DISCUSSION ITEMS

 

There were no items for discussion at that time.

 

Mayor Drake asked staff to follow up on the request to look into finding different energy suppliers for the City to see if the City was getting the best rates from APS and SRP.

           


ADJOURNMENT

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

 

Meeting adjourned at 8:17 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 17th day of November, 2003.  I further certify that the meeting was duly called and held and that the quorum was present.

 

                                                           

                                    City Clerk