Minutes of the regular meeting of June 17, 2002 at 7:00 p.m. at the Council Chambers

MEMBERS PRESENT:

Mayor Ronald Drake and Council Members                 Marie Lopez Rogers

Peggy Jones

                                                                                    Stephanie Karlin

                                                                                    Betty Lynch

                                                                                    Albert Carroll, Jr.

ABSENT/EXCUSED

Raymond Shuey

ALSO PRESENT

Todd Hileman, Acting City Manager

Mr. Andrew McGuire, City Attorney

STATEMENT OF PARTICIPATION BY THE CITY CLERK

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

ACTING CITY MANAGER’S REPORT

Todd Hileman introduced new employees as follows; Mr. Matt Horrell, Economic Development Specialist and Mr. Dean Svoboda, Assistant Development Services Director over planning and building.

Mr. Hileman noted that staff is embarking on two landmark projects for the City one of which is the construction of a new government center complex and the other is the design and construction of 115^th Avenue.  He said that there are five items on the agenda related to those projects three of which are related to the government center and two are related to 115^th Avenue and these are approximately 35 million dollars of the City’s budget with 10 to 14 contracts necessary which staff will be bringing to Council over the next 14 months. 

Mr. Hileman said that the government center project which has about 118,000 square feet of facilities that are to be constructed over the next 18 to 19 months with a $60,000 square foot City Hall, 10,000 square foot Court facility, 25,000 square feet police administration facility, and a 23,000 square foot regional library.  He said that the total budget expenditures is $25,491,401 which include $2,580,000 for land, $13,152,900 for construction costs, $1,046,375 for design, $924,298 for contingencies, $3,587,828 for furniture and fixtures and $4,200,000 for onsite infrastructure.  Mr. Hileman indicated that the funding sources for the project are development fees, which are for the library, police and general government of $3,558,000, bond proceeds of $10,500,000 to be paid by development fee revenue, a transfer from the General Fund of $5,991,379 to construct the Court facilities which has no impact fee specific to it and to expedite the construction of the police administration facility in accordance with Council desires during the budget process; Development fee fund balance of $3,284,022 and County funding of $2,158,000 which encompasses the sale of the land to the County of 15.6 acres and the 34% infrastructure contribution that the County will be making.

Mr. Hileman explained to Council the agreements on the agenda tonight and in the future.

He indicated that later in the fall staff will be bringing to Council a guaranteed maximum price contract which is an open book contract on all of the necessary infrastructure and materials it will take to construct the new government facility.  He said that Council would be entering into numerous FFE contracts, over the next month dealing with the furniture, computers, telephones, and any areas where staff and the Project Manager Consultant believe that there is an economy of scale by direct purchasing those items. 

Mr. Hileman addressed the 115^th Avenue project which encompasses the construction of a seven lane road from I-10 to MC85 estimated it to be a $11,382,500 project.  He stated that staff wants to also wrap in the east side interception line to be designed concurrently.  He said that of the total cost of the project $293,000 is for design, $150,000 for project management and $10,030,500 for project management and $10,939,500 for construction.  He said the funding sources include $7,000,000 in G.O. Bonds backed by property taxes, $3,632,500 from the 5% sales tax and development fees and a $750,000 transfer from the General Fund.

Mr. Hileman indicated that the sewer interceptor and trunk line project is estimated to cost $8,100,000 with $30,000 for design, $150,000 for project management and $7,620,000 for construction and it will be funded entirely with development fees backing.

Mr. Hileman stated that the final item will be the actual contract with the construction firm slated for October of this year and this is a very important project which staff will be spending the next 60 to 90 days trying to work through the actual design, dealing with SRP, and the U.S. Bureau of Reclamation to get the agreement in place to commence construction some time in January or February and have 115^th Avenue completed and all those improvements done 30 to 60 days ahead of the government center. 

He said that prior to Council considering all the agreements this evening he wanted to give them some assurance that there is an excellent plan in place that they can afford and to prepare them for the agreements they would be considering over the next few months.

APPROVAL OF MINUTES

Council Member Lynch moved to approve the Minutes of the regular meeting of June 3, 2002 as amended.  Councilman Carroll seconded the motion.  Motion carried unanimously.

RECOGNITION ITEMS

Business of the year for the City of Avondale.

Mayor Drake presented a plaque to Mr. Murphy and Mr. Fleming owner /manager of Sonic Drive Inn and read the presentation recognizing them as the Business of the year.  He noted that the Business of the Year award was started six years ago as a means of fostering pride in our business community through recognition by City officials and other community leaders.

Mayor Drake said that he was pleased to announce that the award goes to a business that has been in Avondale for nearly a quarter of a century.

Mr. Murphy and Mr. Fleming accepted the award and thanked the City for recognizing their business.

Leadership West Graduation  - Betty S. Lynch, Treasurer and member of Class V.

Council Member Lynch said that she is a proud graduate of Leadership West and part of their agreement when they are accepted into the class is that they must give back to the West Valley for as many years as they can beyond graduation.  She said there are three on the Council that are graduates: Council Member Jones, Vice Mayor Rogers and herself.  She said that as part of giving back she has two awards to present, which were presented at graduation, and the first one goes to Paul Adams, Fire Chief.  She said that there are very specific requirements for giving back to the Community and one is that in the year following graduation they have to chair a committee.  She said that Mr. Adams was in charge of the committee that sponsored Public Safety Day.  She then presented Mr. Adams with a Plaque from Leadership West.

Council Member Lynch said that the second plaque to the Recreation Services Department is an unusual one because the student was giving back before they had graduated from the program and that student was Shawna Collins.  She said that in-kind donations were made to help them with transportation to the retreat.  She then presented the plaque to Dan Davis, Recreation Services Director.

UNSCHEDULED PUBLIC APPEARANCES

Brent Hise, 12812 West Weldon in Avondale expressed concern regarding the Police cars that have been budgeted for and are to be purchased from Ford.  He asked that be delayed like Phoenix is doing.  He also asked that Police Riede Along Program be suspended until the problems with the cars are corrected.  Mr. Hise then recommended that Todd Hileman be made the permanent City Manager.

Jason Russell, 13014 West Weldon in Avondale said that he is a new member of the City and has only been here about a year and is the President of the Sage Creek Homeowners Association.  He said that his concern is about a small portion of land between the new school that his children will go to and the Historic Cemetery.  He encouraged the Council to consider building a public safety substation, which would be around the corner form Litchfield and that, would increase police traffic through the community.

CONSENT AGENDA

a.                  YOUTH ADVISORY COMMISSION APPOINTMENTS

b.                  CONSTRUCTION CONTRACT – INSTALLATION OF PHASE 2 PEDESTRIAN LIGHTING – WESTERN AVENUE

c.                   RESOLUTION – INTERGOVERNMENTAL AGREEMENT – LITCHFIELD PARK – POLICE SERVICES

d.                  PURCHASE OF LAW ENFORCEMENT EQUIPMENT.

e.                  AREA AGENCY ON AGING – GRANT FOR CAREGIVER FORUMS.

f.                    BAPTIST HOSPITAL AND HEALTH SERVICES LEGACY FOUNDATION PROPOSAL.

g.                  ZONING CASE C02-357 – FINAL PLAT – INTERSTATE COMMERCE CENTER

h.                   CLAIMS – MAY 2002

Mr. Andrew McGuire, City Attorney, read the resolution by title.  Council Member Lynch moved to approve the Consent Agenda including the Resolution.  Council Member Karlin seconded the motion.

ROLL CALL VOTE AS FOLLOWS:

Motion carried unanimously.

YOUTH ADVISORY COMMISSION UPDATE REPORT

Matthew Lauer, 11934 West Adams Street introduced himself as the current chairman of the Youth Advisory Commission.  He said that the Avondale Youth Advisory Commission has met on the second and fourth Mondays since its first meeting on March 24, 2002. 

Mr. Lauer introduced Kristin Hart, Agua Fria High School, 11^th grade,   Samantha Meron, Westview High School, 9^th grade, Elizabeth Moncayo-Williams, Agua Fria High School, 10^th grade, (absent) and Maria Rodriquez, Millennium High School, 12^th grade.  The new members presented their ideas for the Commission.  

Council Member Lynch thanked the Commission for helping with Neighbor Works Week.  She commented that these youth have several causes that they volunteer for and challenged  them to volunteer to assist the senior citizens with a garden that they are planning.

ORDINANCE – ZONING CASE Z00-001-A-CW RANCH

Mr. Hileman asked that this item be continued until the July 15, 2002 meeting.

Council Member Lynch moved that Zoning Case Z00-001-A – be continued until July 15, 2002 meeting.  Council Member Karlin seconded the motion.  Motion carried unanimously.

RESOLUTION – INTERGOVERNMENTAL AGREEMENT – MARICOPA COUNTY – LAND PURCHASE AND INFRASTRUCTURE CONTRIBUTIONS – GOVERNMENT CENTER COMPLEX

Mr. Hileman said that for the last several months’ staff has been working with representatives from Maricopa County on a master site plan of the government center complex.  He said that the master planning process went extraordinarily well and they were able to reach a quick consensus with County staff and before Council is an IGA which they are asking Council for approval which sets out the terms for land purchase and infrastructure contributions for their participation in the complex.  He explained that the next item has to do with the property transfer provision where the City is agreeing to sell the property to the County for the same price the City acquired it which is $1.00 per square foot and the amount that the County is determined it will need be 15.86 acres.  He further explained that in terms of the County’s contribution for onsite infrastructure there was a proportional formula used which accepted out the right of way on 115^th Avenue and the potential future parkland on the master plan site leaving 47.18 acres of developable property.  He said that when the 15.86 acres for County is divided into 47.18 acres a 34% funding formula is derived for the onsite infrastructure contribution.

Mr. Hileman said that the City is proposing that the County be given three equal installments to pay the 34% infrastructure contribution which are June 30, 2003, September 30, 2003, and December 30, 2003.  He said that this will allow the County some flexibility in budgetary cycles and matches the payment stream on which the City will be obligated.

Councilman Carroll asked Mr. Hileman about the ten year automatic renewal process and if that would occur without coming back to Council.

Mr. Hileman replied that it would be automatically renewed unless one party gives notice.

Councilman Carroll asked Mr. Hileman if after twenty years the IGA would be reworked.

Mr. McGuire replied that the IGA is set up to be successive ten-year periods, which would go on in perpetuity unless someone calls a halt to it.

He said the reason for that is that agreement also ties the County to the CCR’s that the City agreed to when it purchased the property, which includes use restrictions and authority to grant cross access easement to use the property efficiently, and they wanted to continue that on as long as the property is used.

Mr. McGuire read the resolution by title.  Councilman Carroll moved to adopt the resolution.

Council Member Lynch seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

Motion carried unanimously.

RESOLUTION – MARICOPA COUNTY – INTERGOVERNMENTAL AGREEMENT – LIBRARY

Mr. Hileman stated that the purpose of the IGA is to delineate the rolls of the City and County He explained that under the terms of the IGA the City will be responsible for construction and maintenance of the regional library facility and the County will be responsible for the operation of the facility.  He said that this agreement is based on similar leases with the Cities of Gilbert, Fountain Hills, and Surpise.  He then related other terms of the agreement which include:

• Term of Lease (Section 5) – Ten (10) years with renewable options.
• Avondale will provide facility design and construction (Section 3.2).
• Avondale will maintain the building, common areas, restrooms and parking areas (Section 5)
• Library District will be responsible for all staff and operational expenditures (Section 6)
• Library District will provide programs, services and special activities consistent with other regional facilities (Section 6)
• Library District will lease the facility for $1.00 per annum (Section 5.3)

Council Member Lynch asked if the renewals on this agreement are for five years.

Mr. McGuire replied that it should be for ten years and that was a typing error.

Council Member Lynch asked if one year is a reasonable time limit to restore the library to its original condition if it were destroyed by fire.

Dan Davis, Recreation Services Director, replied that that was taken from other City agreements and would depend on the nature of the damage and if necessary it can be addressed at that time.

Mr. McGuire said that the Library District asked for a specific time limit so that Avondale did not have the ability to wait three years then rebuild the library and then expect them to come back and operate it and one year was a reasonable time to get underway.

Councilman Carroll asked Mr. Hileman what would happen to the City’s library staff and will they be considered County or City employees.

Mr. Hileman said that the employees for the regional library  would be considered County employees and there is no intention at this point to close the library on Western Avenue because they can both run concurrently and compliment one another and one will not necessarily affect the other except in programming areas and will enhance services to all the residents.

Mr. Davis agreed with Mr. Hileman’s assessment.

Vice Mayor Rogers said that her concerns were the 22,000 square foot size of the library facility since it will service the entire Southwest area.

Mr. Hileman said that there is some discussion at the County that they will be closing one of their northern Phoenix facilities and transferring their book collection to the Avondale facility and should that happen the City’s budget of $750,000 for books could be used to expand the facility another 5,000 square feet.  He said that staff would come to Council to recommend that change if it comes to fruition.  He asked that Council provide staff input and direction probably within the next six to eight months.

Mr. Andrew McGuire, City Attorney, read the resolution by title.  Councilman Carroll moved to adopt the resolution.  Council Member Lynch seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

Motion carried unanimously.

PROFESSIONAL SERVICES AGREEMENT WITH SUNDT CONSTRUCTION

City Staff requested Council approval of a professional services agreement with Sundt Construction for design fees, engineering fees, subcontractor fees, and general contractor fees pertaining to the government center project.

Mr. Hileman stated that Smith Architects have excellent references including five design-build contracts that they have worked on over the past few years.  He stated that staff is very comfortable with the quality and potential of their work.  He said that the next contract council will see later in November will outline the construction costs.  He stated if approved, staff will be working with this team during the next 60 to 90 days to get through design and engineering portions with the project managers to check costing estimates.

Council Member Lynch said that SRP would like to work with the City and do a garden of low water use and zero scope plantings, which would be free to the City.  She expressed concern about the size of the conference rooms.  She had other questions regarding the contract which were answered. 

Council Member Lynch moved to approve the contract with Sundt/Smith but hold signatures until the land is closed.  Council Member Karlin seconded the motion.  Motion carried unanimously.

PUBLIC HEARING – ORDINANCE – ZONING CASE A02-549 E-Z TOWING – REZONING

Mr. Hileman said that the request is by Easy Towing to rezone a piece of property located 443 feet east of Dysart Road on Southside of Riley Drive from R-4 to A-1.

Dave Fitzhugh, Development Services Director, said the request has to do with the relocation of Easy Towing from Western Avenue to a location on Riley.  He said they have been working with the applicant regarding some issues on the site, which is an infill area and is in the redevelopment district.  He said that staff is recommending approval subject to seven stipulations in the report.

Mayor Drake asked about the exact location, the storing of  vehicles, and the type of fencing required.

Mr. Fitzhugh replied that an 8 foot block perimeter wall has been required.

Council Member Lynch asked if all the trucks are going to be located behind the wall and not street side.

Mr. Fitzhugh replied that he has not had that conversation but he knows that they stated that they would have storage behind the wall.

Council Member Lynch asked if the storage behind the wall is just for vehicles to be repaired or will they still be accepting delivery of out of state autos.

Mr. Fitzhugh replied that he has not had that conversation either.

Council Member Lynch said that a large part of their business is the coming in of out of state autos and she saw three loads on the street when she left the last Council meeting and her concern is that once they are unloaded will they be behind the fence.

Mr. Fitzhugh replied that they could get the applicant to acknowledge the request.

Council Member Lynch asked if the company trucks are going to be inside the wall or street side.

Mr. Fitzhugh replied that there is nothing in the stipulations that require them to park their tow trucks behind the block wall.

Council Member Lynch said she is still struggling with the whole storage area being gravel since the City is dealing with dust particulates. 

Mr. Fitzhugh replied that they have not made any proposal at all as to what the material will be and he made some assumptions that since they did not want to use asphalt or concrete that it would be some sort of gravel.

Vice Mayor Rogers said that gravel is not going to be sufficient and she does not know if the applicant is willing to pave it but she also has an issue with the contaminants and she would like to have a stipulation that no gravel be put there.

Council Member Karlin said that prior to site plan approval the request does have to comply with the Federal, State, and County regulations in regards to dust control, environmental protection surface water, ground water, and soil contamination and some of those questions regarding gravel can be answered then.

She said that she noticed that the landscaping is only going to be 5% and she thinks that is too low and it needs to be increased.  She also questioned whether they would be doing 24 hour lighting.

Mr. Fitzhugh replied that he thinks for security purposes it would be lighted but they still will have to comply with the City’s lighting ordinance.

Council Member Karlin asked about barbed wire.  Mr. Fitzhugh replied that the City has an ordinance that puts restrictions on the type of wire on those types of fences.

Council Member Karlin said that she would like him to make sure that the 8-foot wall is as high as it will go with nothing on top of it.

Mayor Drake said that he is not excited about them putting their trucks on the street and is something that has to be worked out in the agreement that they store them on the property and the pavement issue also has to be addressed.  He said that Planning and Zoning is still working on that issue.

Paul Faith, 919 North Dysart Road said that he represents the family that owns Easy Towing. He said that they are located at the end of Western Avenue currently and want to relocate to a new facility.  He said that the property is currently zoned multi-family residential and is in the light industrial district infill area and subject to the City’s incentives program, which is one of the reasons for selecting that property.  He said that the family owns property in Goodyear on Litchfield Road across from the airport, which is free and clear, but they have decided that they want to stay in Avondale.

Mr. Faith noted that they want the facility to be designed so that it is very secure with an 8-foot wall at their request not staffs and the area will be screened entirely with landscape on the outside and no proposed parking for tow vehicles outside the facility.  He said the vehicles would be parked on the inside when it is necessary but the vehicles do not stay at the facility because their drivers who are on call and most take them home.

Mr. Faith stated that the issue with the paving inside is a deal-killer because if it has to be paved it probably will not be built.  He said that they have spoken with Mr. Fitzhugh about that issue and have searched the country for other tow facilities and how they were developed and if paving is required it will be the first and only one in all of Arizona.  He noted that the concern that was brought up involved environmental issues and the only environmental concerns are with wrecked motor vehicles and mainly antifreeze leakage which is generally gone by the time they reach the facility and has not been an issue at the existing facility.  He said that what has been discussed with Mr. Fitzhugh is paving an area somewhere inside for the wrecked vehicles to sit on but normal tows issued by the Police Department involve no environmental issues.  He said that they do agree it needs to be dust proofed and meet MAG requirements. 

Council Member Lynch expressed concern about oil dripping from hundreds of cars that pass through the facility each year.

Mr. Faith said that oil in itself is not a hazardous material but is a regulated material under the Federal Government.  He stated the issue they have is no different than what the City has with the parking lot outside the Council chambers that is almost always full or the Wal-Mart parking lot.  He said that the things that are put on the asphalt when it rains get washed off and become concentrated wherever that wastewater is sent and he does not know how they can get around the problem.  He indicated that it has not been an environmental problem with towing yards around the state and is not a national issue either.

Council Member Lynch questioned if this case meets the City’s infill requirements.

Mr. Fitzhugh replied that it does meet the 5% requirement.  He explained that regarding the oil problem that other components in the oil are hazardous and has become a concern for cities and counties throughout the United States and Avondale is facing that problem itself.  He stated that  as the city approaches 50,000 population the City will be brought under the MPDS phase II process which is a national pollution discharge elimination program and they are going to have to go out as a City and identify all the storm water outfalls retention basins and areas that are collecting water from parking lots such as Easy Towing.

Council Member Jones said that she is comfortable with the EPA regulations on the oil problem but she said that she is concerned about the location being visible from Coldwater Park, which is intended to be a showcase for the community.  She said that because the park is elevated people would be able to look into the tow yard from the park.

Mr. Faith replied that with the distance to the park they probably would not be able to see over the wall.  He said that the issue the Council is facing is that they have an ongoing existing business that is legal where they are that they do see from Coldwater Park. 

Council Member Lynch said that she drove the area and would rather see the 8-foot wall then the backside of West Valley Glass currently and did not feel it would take away what they are trying to do with the park.

Councilman Carroll asked how the business would qualify as infill.

Mr. Fitzhugh said that it does fall within the infill area incentive zone and one of the primary tenants of the ordinance was to encourage existing businesses or new businesses to locate within the infill areas and upgrade their facilities.  Councilman Carroll said that he does not see this as infill because it is not between structures.

Mr. Fitzhugh said that this is part of the historical light industrial district that was identified by the City and there is a significant portion of that infill district where you do not have structures side by side and this is still an individual property that is providing infill to the City on 2.5 acres.

Mayor Drake said that it does qualify as infill as Mr. Fitzhugh indicated.

Vice Mayor Rogers asked Mr. Faith the reason for not paving the area.

Mr. Faith said that it is a combination of cost and being able to keep the pavement there because of the heavy trucks coming in and out.

Vice Mayor Rogers asked about the City’s policy on the regulations by Federal, State, and County agencies.

Mr. Fitzhugh replied that they went back and forth as to whether this was a parking lot and the statement was made that it is not a parking lot but is a storage facility.  He explained that a parking lot does not have to be screened by an 8 foot wall.  He said that the storm water runoff has to be retained onsite and they would have to install devices to filter out the oil or other contaminations that may run off.

Vice Mayor Rogers said that she is very concerned also and thinks the Council needs to look at it as a policy at some point because as the City grows they will have to do something about this. Vice Mayor Rogers stated that she does understand the cost and the hesitation but water is an important resource to the City and they need to do something to contain whatever they can and she would rather have it paved.

Council Member Karlin said that there is going to be a trend toward the U.S. having to do with the MBTE’s currently as a containment which is in oil and gasoline and she thinks by having it go into the ground it will cause contamination.

Mayor Drake opened the meeting up for the Public Hearing Process.

Brent Heis, 12812 West Weldon expressed his concerns that the business would move to Goodyear because of all the city conerns.

Council Member Lynch said that she would like to continue the rezoning until Mr. Fitzhugh is able to research the Council’s concerns.

Mr. Faith said that their concerns would be addressed during the site plan review process.

He said that the stipulations that have been set forth with the zoning leave the doors open with the environmental issues and the paving and it was his understanding that they have to come back to Council again for site plan approval and if they cannot get site plan approval the zoning goes away in twelve months.

Mayor Drake closed the Public Hearing Process and asked Council for recommendations.

Council Member Lynch said that her recommendation is that they continue it until Mr. Fitzhugh can get answers to some of the issues that Council has because she does not want to give applicant false hope by approving the zoning.  She said that it is worth the discussion to bring the parties together and see if the issues can be resolved.

Council Member Karlin disagreed with Council Member Lynch because it has been through Planning and Zoning and has recommendations and they are looking to adopt an ordinance rezoning it from an R-4 to A-1 and that area would benefit from it.

Council Member Jones said that Council Member Karlin and Mr. Faith are correct and wanted to move forward on it.

Mayor Drake said that the business is already operating in the City under current regulations and has no violations and is not changing its practice so he would like to see Council move forward on it.

Mr. McGuire read the ordinance by title.  Council Member Jones moved to approve the ordinance.  Council Member Karlin seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

Motion carried unanimously.

PUBLIC HEARING – RESOLUTION – GENERAL PLAN ADOPTION – Z01-525-GP

Mr. Hileman said that staff has put together a report which incorporates the major changes made regarding the General Plan through the various Public Hearing Processes.  He said that in addition there is a resolution with the General Plan issue that would place it on the September 10, 2002 ballot for voter ratification.

Mr. Fitzhugh said that subsequent to the last meeting they had received comments from Council Member Lynch. He said they are mostly clarifications but there are a couple that he would like to point out to Council. 

Council Member Karlin said that she has not had an opportunity to look through the changes since it was just made available.

Mr. Fitzhugh then read the comments and responses for the 29 items one by one and explained their intent.

Comment - Land Use Map      

Why is there medium high density located at the NEC of the El Mirage Road alignment and the RID Canal?

Staff Reply

This is shown as medium high density residential because the land is currently zoned R-4.  The property is shown as residential on the existing general plan and as rural to low within the North Avondale Specific Plan.  In an effort to encourage a less dense use and recognize the approved zoning this property was designated medium high density residential.

Comment - Page 8 - Review Action IIId second sentence unclear.

Staff Reply

Replace the sentence to read:  “Notice of the proposed amendment and community wide meeting shall be given in accordance with State Statute and the City of Avondale Zoning Ordinance.”

Comment Page 18 - Verify target densities in Table 5.

Staff Reply

The following categories need to be changed:  Medium Density Residential – 2.5.  Rural Low Density Residential – None.  Medium High Density Residential – 4.

Comment Page 18 - 2^nd Paragraph 3^rd Sentence modify to include sales tax incentives.

Staff Reply

Revise sentence to read:  “…list specific strategies, such as fee waivers, sales tax incentives,…”

Comment Page 19 - Further define Central Avondale in 1.A.1 to include southwestern Avondale.

Staff Reply

Revise Policy to read:  “…such as Las Ligas, Cashion, Central and Southwestern Avondale.”

Comment Page 22 - Include Litchfield Park in 6.A.3

Staff Reply

Revise Policy to read: “…Goodyear, Phoenix, Tolleson, Litchfield Park, and Maricopa County…”

Comment Page 22 - Revise Policy 5.A.3 to include MCDOT and roadways.

Staff Reply

Revise Policy to read:  “Work with the State, MCDOT and the Flood Control District to monitor the impact of mines on waterways, roadways and the environment.

Comment Page 31 - First paragraph replace budget with finances and include environmental pollution in last sentence.

Staff Reply

Revise sentence to read: “..Will also help protect City finances from economic downturn…” and “also help shorten commute times, reduce environmental pollution and reduce traffic congestion…”

Comment Page 32 - Further discuss the unemployment rate.

Staff Reply

Add the following sentence:  “However, the unemployment rate has declined as the population and the number of jobs has increased.”

Comment Page 37 - Add, “achieve” to last bullet item.

Staff Reply

Revised statement to read:  “..to an anchor tenant in order to achieve a concentration of uses..”

Comment Page 40 - Add language to protect 107^th Avenue from being a potential freeway.

Staff Reply

Add new policy on page 73 1.A.4: “Discourage the use of 107^th Avenue as a potential freeway.”

Comment Page 47 - Add an additional policy-discussing move up housing opportunities.

Staff Reply

Proposed Policy 2.B.4: “Encourage the availability of move up-housing opportunities throughout the community.

Comment Page 51 - Add an objective and policy regarding the review and update of redevelopment plans.

Staff Reply

Proposed Objective 3.C: Keep current with new trends in redevelopment.  Proposed Policy 3.C.1: Review, monitor and update all redevelopment plans every five years.

Comment Page 56 - 2.A.1: Remove the word “to provide”.

Staff Reply

Revised policy to read: “..open space resources and open space resources outside our City.”

Comment Page 56 - Add bikeways to 2.A.2.

Staff Reply

Revise policy to read: “…such as sidewalks, trail systems, bikeways and walkways…”

Comment Page 59 - Clarify policy 3.A.4 on fireplaces.

Staff Reply

Review Policy to read: “Require all new fireplaces to meet regional air quality standards.”

Comment Page 62 - 3^rd Paragraph eliminate specific school districts.

Staff Reply

Revise paragraph to read: “To meet the needs of our residents and use public funds efficiently, the City is partnering with school districts for after school programs, sports activities and other summer recreation activities.”

Comment  Page 62 - 4^th Paragraph 2^nd sentence: include YMCA

Staff Reply

Revise sentence to read:  “…such as the Boys and Girls Club and YMCA, may enable..”

Comment  Page 64 - Correct spelling of Sernas Plaza Park and add a ramada to chart.

Staff Reply

Revise accordingly.  Sernas Plaza Park does have a shade structure that could be classified as a ramada.

Comment  Page 73 - Change minor collector to primary collector.

Staff Reply

Revise heading to 5^th paragraph to read: “Primary collector: Primary collectors…”

Comment  Page 78 - 8.C.3 review policy regarding bike racks.

Staff Reply

Revise policy to read:  “Require bicycle racks and shaded bicycle parking areas to be included in all new non-residential and high density residential developments.”

Comment  Page 81 - 1.B.2: Change font and reword sentence to clarify intent.

Staff Reply

Revised policy: “Provide sidewalks adequate to accommodate bicycle and pedestrian traffic as per ASHTO standards or on street bicycle lanes…”

Comment  Page 82 - Add new policy that discusses speed limits in safe route to school program.

Staff Reply

Proposed Policy: 2.A.3: “Set speed limits that are appropriate for the safe-route-to-school program.”

Comment  Page 89 - Change 2^nd paragraph to reflect changes in work shift policies.

Staff Reply

Revise 3^rd sentence to read: “The Patrol Division Officers work in a rotational basis to allow 24-hour coverage.”

Comment  Page 90 - Add new policy to require public utilities to post locations for future improvements.

Council Reply

Removed by Council consensus.

Comment  Page 93 - Update 2^nd and 3^rd paragraph to reflect plans for the new city facilities.

Staff Reply

Revise 2^nd and 3^rd sentences to read: “A new Government Center Complex is planned at the southeast corner of 115^th Avenue and Coldwater Springs Boulevard.  This facility may include the Police Department.”

Comment  Page 93 - Clarify policy 1.A.1

Staff Reply

Delete policy 1.A.1. Since it is duplicated in policy 1.A.3.

Comment  Page 95 - Add Corte Sierra School

Staff Reply

All existing and proposed school locations to be verified and shown on map.

Comment  Page 98 - Objective D change rises to risks.

Staff Reply

Revise accordingly.

Council Member Jones asked that housekeeping items like this be placed on the end of the agenda in deference to those that have expensive staff and lawyers present.

Mayor Drake opened the meeting up for a Public Hearing and asked for comments.  No one wished to address the Council.

Councilman Carroll asked Mr. Fitzhugh if it is necessary to take the latest copy Council has received and make the changes or will there be a new document printed with the changes incorporated.

Mr. Fitzhugh said that when Council decides to move this forward to the election they will take all the changes reflected in the 318 draft from Planning and Zoning plus any recommendations that Council has made and have been read through tonight will all be incorporated into the final plan and that will be the General Plan at that point. 

Councilman Carroll asked what kind of feedback has staff received from other governmental entities on the General Plan.

Mr. Fitzhugh replied that they did solicit those comments quite some time ago and they have been incorporated in this draft version.

Councilman Carroll asked if that would have been during the second draft.

Mr. Fitzhugh replied that it would have been during the first draft that he saw in December.

Mayor Drake asked if there were any comments from other cities.

Nathan Crane, Senior Planner, replied that they did receive comments from the Arizona Department of Commerce, and the City of Phoenix which were transmitted in a separate packet to Council and included in the 3/18 draft also.

Mayor Drake asked if the comments were positive.

Mr. Crane replied that the comments were very positive from the Arizona Department of Commerce with some minor revisions and the City of Phoenix’s revision was the addition of their City to the report.

Vice Mayor Rogers asked if there had been any change on the asphalt batch plant relocation.

Mayor Drake replied that he told the residents the plan probably would be adopted as it is with no major revisions because that would require the Council to go through the whole process again.

Council Member Karlin asked if the vote on the asphalt batch plant failed because of the 3 to 3 vote on its relocation and could not be brought back for a vote again.

Mayor Drake replied that was correct.

Mr. McGuire read the resolution by title.  Council Member Lynch moved to adopt the resolution to include the adoption of the comments from the June 13 memo.  Councilman Carroll seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

Motion carried unanimously.

PUBLIC HEARING – RESOLUTIONS – SPECIFIC PLANS AMENDMENTS – Z01-526-SP

Mr. Hileman said that the Public Hearing regarding the Specific Area Plan will bring the North Avondale Freeway Corridor and Tres Rios Greenway Specific into conformance with the General Plan which Council has recommended for the September 10^th election.

Mr. Fitzhugh said that this goes in concert with the General Plan.

Mayor Drake opened the meeting for a Public Hearing and there were no comments from the public.

Mr. McGuire read the resolutions by title.  Council Member Lynch moved to approve all three resolutions.  Council Member Karlin seconded the motion.  ROLL CALL VOTE AS FOLLOWS:

Motion carried unanimously.

PUBLIC HEARING – ORDINANCE – SEXUALLY ORIENTED BUSINESSES – TA02-560

Mr. Hileman said that staff has had inquiries about the potential location of sexually orientated businesses in the community and the City’s zoning ordinance does not provide a definition of what a sexually orientated business is or in what zoning districts they might be placed.  He said Mr. Fitzhugh has been working with the City Attorney in order to craft a model based on the League of Arizona Cities and Towns draft ordinance.

Mr. Fitzhugh said that Planning and Zoning has approved the ordinance and they have made a recommendation to Council for adoption with 22 findings. 

Mr. McGuire said that the information provided to Council included the summaries and the full blown studies from a number of municipalities that have conducted secondary effect studies of sexually orientated businesses and while the City does have provisions on the books today they are not adequate to cover the actual implementation of sighting that type of business in the City.  He said what they have focused on is the industrial zoned property as the most appropriate location and also included in the ordinance are licensing requirements which he would have preferred to have split those separate of the licensing provision of the City Code and a regulatory provision in the zoning ordinance but he thinks because of its importance to the City that they need to keep them all together so that both an applicant and staff administering the Code have the one-stop shop to make sure that all the boxes are checked prior to sighting a new business. 

Mr. McGuire explained that the model ordinance has been implemented nationally and the cases that support this type of ordinance are very old and until very recently there were few cases on this topic at all but in this last year there has been in the teens of cases on sexually orientated businesses.  He said that the Supreme Courts supports the provisions that the City has in its ordinance which has been updated with the most recent statistics available and they have been set forth in an enforceable fashion.

Council Member Karlin asked about the use of hot tubs and saunas as a sexual business not being included in the ordinance and if the renting of X-rated videos is included also.

Mr. McGuire replied that massage parlors and regulations that would prohibit sexually orientated uses of massage parlors for prostitution are addressed in a separate section.  He said that video stores is the most precarious area for a City to regulate because there is great difficulty in regulating videos available because of the lack of studies to back them up.  He noted that video stores are the type where you purchase and leave but if it is an adult store that sells more than adult videos it is classified as an adult bookstore.

Council Member Lynch asked if on Page 13 Section 101ZB number 2 does Charter School need to be listed.

Mr. McGuire replied that he tried to be as generic as possible there so as not to exclude some other form of school.

Council Member Lynch asked about being a 1,000 feet from businesses frequented by children like an ice cream store.

Mr. McGuire replied that when you step off into the category of frequented by children businesses they may be off into an area that allows more arbitrary regulation and defining those types of businesses would be very difficult and it would even more difficult to establish licensing criteria that an applicant can read and see and be able to measure it out on a map.

Council Member Lynch asked about 1,000 feet from the boundary of another city.

Mr. McGuire replied that he did not believe there is anything in the studies that would help but because it does apply to residential areas if they are next to the other city boundaries it would apply.

Council Member Lynch asked if the City has an A-1 on Indian School Road and houses are across the street would it apply.

Mr. McGuire replied that it would.

Council Member Lynch asked if all the employees of the business had to be licensed.

Mr. McGuire replied she was correct and that there are several different forms of licensing that are available to the City to regulate which include a license for the business itself and licenses for the employees and some cities also license the manager of the location which to him is not necessary if they have the employees licensed.

Council Member Lynch asked about the requirement for health department approval and inspections.

Mr. McGuire replied that they typically do not require another agency’s approval when those agencies would have their own jurisdiction over a business.

Councilman Carroll asked if the City is set-up so that they can guide an applicant to the location he can locate.

Mr. Fitzhugh replied that was correct and they could be guided to those zones because certain areas are zoned A-1 and then apply the other criteria.

Councilman Carroll asked if the ordinance makes the Code references to massage parlors stronger.

Mr. Fitzhugh replied that they did go back through the City Code and make amendments to that to deal with specific uses and have provided much more detail and clarification in terms of uses and licensing requirements across the board.

Councilman Carroll asked if those amendments would have to be submitted to the voters.

Mr. Fitzhugh replied that they would not.

Mr. McGuire said that they have addressed massage parlors different than other sexually orientated businesses because sexually orientated businesses as defined in the ordinance are all associated with secondary uses that are undesirable and massage parlors for therapeutic reasons associated with medical facilities would never be classified as that type of business. 

Vice Mayor Rogers asked if page 5 item C covers the background checks.

Mr. McGuire replied that the purpose for that is as soon as an application is received and the fingerprints are taken they would be turned over to the Police Department for as much of a background check as they are allowed to do.

Mayor Drake asked for public comments.

Bill Castello, 1801 North 127^th Drive, Avondale said that the City should just tell those businesses that they are not wanted in Avondale like the smoking ordinances do not allow smoking in certain areas.

Mr. McGuire said that the purpose of an ordinance like this is not to attract sexually orientated businesses but is being implemented because the Supreme Court has said that the City cannot keep them out.  He said that the best they can do is find the limits of the City’s regulations to make it difficult for them to locate in areas that would cause secondary effects to other preferred uses like residential, church, school, and other things.  He noted that the ordinance represents the limit of the City’s regulatory control without which they would not have any control where the business locates.

Brent Heis, 12812 West Weldon, Avondale said that he commends the Council and the staff for their work on the ordinance.

Mayor Drake closed the Public Hearing.

Council Member Karlin asked whether they could create a special district for these types of activities.

 Mr. McGuire replied that other cities had tried that and the Supreme Court ruled that an area had to be available that they created.

Mr. McGuire read the ordinance by title.  Council Member Lynch moved to approve the ordinance.  Councilman Carroll seconded the motion.   ROLL CALL VOTE AS FOLLOWS:

Motion carried unanimously.

STREET MAINTENANCE CONSTRUCTION CONTRACT – SOUTHWEST SLURRY SEAL – CHANGE ORDER 1

Mr. Hileman said that this is a request for Council to approve a construction contract for the City’s annual slurry seal and fog seal program with Southwest Slurry Seal Inc. in the amount of $468,997.12 and approve a change order credit in the amount of $126,514. 94 for a total price of $342,482.18.  He indicated that the City’s budget for the program is $342,000.  Mr. Hileman stated that only one bid was received and was high due to a lack of experience with reconstructing pavement so staff is recommending that the contract be awarded accepting out the actual work on Buckeye Road, which required replacement of sections of that road.  He said that they would try to identify additional funds in this years C.I.P. and combine the Buckeye Road project with some other street improvement projects to get a better price.

Council Member Lynch asked for E-mail listing of the streets, which would be helpful, when neighbors asked whether their street was included.

Mr. Fitzhugh replied that he would do that for Council.

Council and Staff discussed receiving only one bid and eliminating part of the contract.

Council Member Lynch moved to approve the contract.  Council Member Karlin seconded the motion.  Motion carried unanimously.

DESIGN SERVICES AGREEMENT – 115^TH AVENUE AND BROADWAY – SANITARY SEWER TRUNK LINE

Mr. Hileman said that the contract before Council is with Aztec Engineering to provide the design services for the improvements to 115^th Avenue from I-10 to Buckeye Road and the east side sewer interceptor line from 115^th Avenue/Broadway Road in the amount of $628,894.00.

Council Member Lynch asked if the public meeting would still be the 4^th week of June.

Mr. Fitzhugh replied that they would be having that meeting on the 27^th of June to bring the property owners out to speak with them about the right of way that is needed along that area.

Council Member Lynch asked if staff is comfortable that they can get around delaying any PIR activities as much as possible.

Mr. Fitzhugh replied that staff realizes the huge impact that PIR has on the area and they also recognize that this is a large project and they will do the best they can to accommodate that.

Council Member Lynch moved to approve the contract.  Council Member Karlin seconded the motion.  Motion carried unanimously.

RESOLUTION – INTERGOVERNMENTAL AGREEMENT – ARIZONA DEPARTMENT OF TRANSPORTATION – DESIGN, CONSTRUCTION AND MAINTENANCE OF TRAFFIC SIGNALS AT I-10

Mr. Hileman said that the IGA with ADOT is the first of two that will come before Council on this project within the next couple of months.  He indicated that the initial agreement provides ADOT discretionary funds to assist the City with the installation of traffic at the I-10 and 115^th Avenue interchange and the additional $200,000 revenue source will be added into the project budget to help offset the cost of 115^th Avenue.

Council Member Lynch asked whether based on what this does and the contract Council just approved if ADOT is going to use Aztec to do the design.

Mr. Fitzhugh replied that they were not specific because ADOT stepped up after the fact and said that they would do the design and did not say how they would do it with Aztec or use some other contractor.

Mr. McGuire read the resolution by title.

A RESOLUTION OF THE COUNCIL OF THE CITY OF AVONDALE, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR CONSTRUCTION OF TRAFFIC SIGNALS AND LIGHTING AT THE INTERSECTION OF 115^TH AVENUE AND INTERSTATE 10.

Council Member Lynch moved to approve the resolution.

Vice Mayor Rogers seconded the motion.

ROLL CALL

Council Member Peggy Jones - aye

Council Member Stephanie Karlin - aye

Council Member Betty Lynch – aye

Councilman Albert Carroll, Jr. - aye

Vice Mayor Marie Lopez Rogers - aye

Mayor Ronald Drake – aye

DISCUSSION ITEMS

a.                  Possible installation of a vehicle maintenance gate east of Rancho Santa Fe/Thomas

Council Member Jones said the purpose of the discussion item is to ask staff to examine the feasibility of restricting vehicular traffic on Thomas Road from Rancho Santa Fe to the Aqua Fria River.  She noted that during the seven years that she has lived there she has observed a lot of activity in that area ranging from trash dumped, burned vehicles, drag racing and a lovers lane as well as other mischief.  She said that complaints were lodged at the last block watch meeting by residents whose homes back up to that area and the Police present said that it was also taking a lot of their time up watching it.  She said that she talked to Mr. McGuire about putting a gate there only to prohibit vehicles not walkers or bikers and allows access for maintenance vehicles.  She said that she did take the item to the homeowners association and they agreed with her on the need.

Mr. Fitzhugh said that the concern is having unauthorized vehicles entering the area and the need for some sort of gate to be installed to limit that activity but still provides for pedestrians and bicycle access in the area and indicated that staff will look into it and a possible solution.

Council Member Lynch agreed with Council Member Jones on the need for a gate because there are too many things happening in the river bottom there.

Vice Mayor Rogers said that she would like the cost to be researched.

b.                  Use of utility access road off McDowell to access Rancho Santa Fe area park.

Council Member Jones said that during her visit to the Rancho Santa Fe Homeowners Association they asked a question for her to look into.  She said that Rancho Santa Fe Park and school were designed as walking amenities but no one wants to walk and they want to drive their cars to that area and there is no parking for the park area.  She said that the homeowners association asked about using the access road beside the water storage tanks for parking since there is room there and they could provide paving if they want to go to that expense and she asked if that was something that could be done.

Mr. Fitzhugh said that he is aware of the need and is trying to find a solution that does not hinder the City’s ability to use or threaten those facilities without exposing them to the public.  He said that there are heightened securities in place to secure the City’s water sources so they have to be very careful of what they do in those areas.  He said that they do have a concern with access since the road was never designed for full public access.  He noted that the actual parking area would pose other problems as to the impact on the function of that basin and would it be a problem or not because they would have to go down into a portion of the basin to park.

He said that if Council agrees he will pursue researching that.

Council Member Jones said that because the park has no parking it is limited for many activities.

Council Member Karlin said that the park is paid for by the homeowners that live in Rancho Santa Fe and is not open to the public and that accessibility would be on public property because it is owned by the City, which causes legal and right-of-way issues.

Mr. Fitzhugh replied that currently there is no public access across that and is owned by the City and there is a Flood Control Easement also so they would make sure they maintain their easement unrestricted.

Council Member Lynch said that security is a very large concern and the parents should be teaching their children to walk to school and they need to practice that themselves and walk to the park.  She noted in driving around there the other day that there is a gated area also along 125^th Drive where the association could put a gate that would open if they were running a big event.

She said her largest concern is the safety and security of the water supply and the basin.  She said about two years ago that outsiders threatened park and people got up in arms because outsiders said that they had found a way to get in and if the basin area is opened then that is what is going to happen.

Mayor Drake said that he does not like the idea because of the access and egress problems.

Council Member Lynch said that they need to use the school park for big events.

Council Member Jones said that is what they do currently.

Vice Mayor Rogers asked about the type of events they would need the parking for.

Council Member Jones replied for more soccer games in the afternoon.

Mr. Fitzhugh said that staff could identify what the issues are and give recommendations as to what it will take in order to open it up for use.

Mr. Hileman said that it would be a matter of access and they would have to pay for any improvements.

Mr. Fitzhugh said he would proceed to research the request.

EXECUTIVE SESSION

Council Member Lynch moved to go to an executive session.

Council Member Karlin seconded the motion.

Unanimous.

ADJOURNMENT

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

Adjourned at 10:55 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 special meeting of the City council of the City of Avondale held on the 17th day of June 2002.  I further certify that the meeting was duly called and held and that a quorum was present.

  ____________________________

           Linda M. Farris, CMC

                    City Clerk