of the

City Council


Wednesday, February 15, 2017

Regular Meeting


The meeting was held in the Litchfield Park Branch Library and called to order at 7:00 PM by Mayor Thomas L. Schoaf.


              I.              Call to Order


Attendee Name



Ann Donahue

Council Member


Thomas L. Schoaf



Paul Faith

Vice Mayor


Tim Blake

Council Member


Jeff Raible

Council Member


Peter Mahoney

Council Member


John Romack

Council Member


Staff present:              Sonny Culbreth, Interim City Manager; Terri Roth, Deputy City Clerk; Susan Goodwin, City Attorney;  Jim Rumpeltes, Economic Development Director; Woody Scoutten, City Engineer.


              II.              Pledge of Allegiance & Invocation


Council Member Donahue led the Pledge of Allegiance and Invocation.


              III.              Mayor and Council Members Report on Current Events


Council Member Blake thanked everyone who is in attendance.


Council Member Donahue, Raible, and Romack commended Mr. Culbreth and his efforts with the Centennial Event.


Vice Mayor Faith shared sentiments on the event as well, and reported he attended the Chamber Board meeting.  He also commented on how impressed he was with the attendance at Mr. Crossman's memorial services, which showed how much an impact he had on everyone in the Community.


Mayor Schoaf shared the same sentiments regarding the Centennial event.  He received positive comments about it and stated what a tremendous job the Staff and Committee did.




              IV.              Interim City Manager's Report on Current Events


Mr. Culbreth stated he sent a memo to the Staff and the Committee, thanking them for their part to make the Centennial Celebration a success.


He mentioned the Annual Report is completed and a copy is provided to them for review.  He asked that questions about it be directed to him.


Council Member Romack stated he walked the new sidewalk around the lake and realizes it will be a lifestyle change for the residents, but thinks it will be a plus for the City.


Council Member Mahoney asked if the water line install on Camelback Road had any part in the issue with the recent water problem; Mr. Culbreth responded no.


              V.              Response to Call to the Community


Mayor Schoaf responded stating the new fountain lights are sealed LED lights and it may not be possible to change to color due to the high cost, but Staff will research.


Mayor Schoaf responded stating this area was studied and a stoplight is not warranted at this time, but will continue to be monitored.  As for the construction noise, the area in question is actually in the City of Goodyear, so enforcement is minimal, but hours of construction will be abided by.


              VI.              Call to the Community


Joel Wade, Director of Operations, Liberty Water, provided a brief update regarding the recent water issue and offered sincere apologies for interruption of service.  He stated he is not new to the expectations the City has, as he has had previous service with Algonquin and the City of Goodyear.


The problem was with the installation at the first site of the zone split.  They were trying to improve pressure for the economic growth that is rising in the area and they installed a number of Pressure Reducing Valve stations, which controls pressure in higher and lower zones.  Areas of concern were flushed anticipating this issue.


He stated the transition was good, but the movement of pressure at Camelback & 127th Avenue caused higher pressure in areas.  Since the water has been traveling in one direction for 60 years and the sudden change of direction caused the discolored water.  Crews were dispatched immediately when the first complaint was received at 6:45 pm. Flushing the lines continued all night long.


He reported that by Friday morning, they received 50 - 60 complaints and knew the situation was dire and opened their Emergency Operations immediately to control the situation.  They isolated three large transmission mains and it worked as a vacuum to pull it out. The Litchfield Greens subdivision had the most homes affected in the City.


Council Member Mahoney asked if Mr. Wade could come back to the next Council meeting to answer more questions. Mayor Schoaf stated his questions should be written down and provided to the City Manager and Liberty Utilities, so they can provide a response.


              VII.              Presentations


A.              National School Breakfast Week March 6 - 10, 2017


Mayor Schoaf read the proclamation and declared March 6 -10, 2017 as National School Breakfast Week.  He added how proud he is of David Schwake and his passion for nutrition that benefits school kids and commended him on the recent award he received as a 2017 School Nutrition Hero by the national nonprofit School Nutrition Foundation.


              VIII.              Reports


              A.              Public Safety Services Monthly Reports


1.              Goodyear Fire (GYFD) Monthly Report


Chief Luizzi reviewed his report, with nothing more to add.


Council Member Romack noticed that Luke AFB did not respond; Chief Luizzi’s response was they didn’t meet the response requirements and the computer will search for one that does.


Vice Mayor Faith asked about the 20 calls that occurred in one location. Chief Luizzi reviewed all these calls and stated only three were calls that Staff could handle.  He said he will work with Mr. Culbreth on these issues as he did with Mr. Crossman, stating there are other avenues that are being considered to mitigate this problem.


Vice Mayor Faith asked to have this issue on the next agenda for further discussionHe believes that if paramedics were employed onsite at these locations, it would be beneficial to the locations and also reduce the City's cost.  The City has an obligation to provide 911 services to residents, but if its being abused, a solution needs to be found immediately.  Goodyear Fire and Sun Health should be involved in the conversation.


2.              Maricopa County Sheriff's Office (MCSO)


Captain Brandimarte reviewed his report and commented about an issue they are encountering on Litchfield Road with speeders.  They are collecting data to be reviewed.  He noted there is an increase in accidents at some intersections.


Council Member Mahoney stated he called MCSO dispatch more than a week ago regarding a suspicious person and not only did it take a long time for them to answer, but he did not receive a call back.  In response, dispatch will only call back if it is requested.  In this case, it was not.

Council Member Raible thanked Captain Brandimarte for his thorough report, stating he has called about an issue in the past and MCSO responds immediately.


              B.              Staff Monthly Reports


1.              Finance Department


In Mr. Ronquillo's absence, Mr. Culbreth provided a brief review of the finances, stating Albertson's and Fry's are steady in revenues.


Vice Mayor Faith asked what the $2.1 million was listed in the report.  Mr. Culbreth will confirm with Mr. Ronquillo and get back to him.


Questions on the remaining reports can be directed to Mr. Culbreth for a response.


2.              Code Enforcement Monthly Report

3.              Community Services & Recreation Monthly Report

4.              Crane Plume

5.              Economic Development Monthly Report

6.              City Engineer's Monthly Report

7.              Building Safety Monthly Report

8.              Public Works Monthly Report

9.              Planning Services Monthly Report

10.              Magistrate Court Monthly Report


              C.              Commission/Board Reports


1.              Design Review Board Monthly Report

2.              RPG Quarterly Report


              IX.              Consent Agenda


Council Member Raible removed Item F for further discussion.


The following items were approved:


A.              Minutes

B.              Art & Wine Festival

C.              Flavors of the West

D.              Street Closure for Block Party

E.              Friends of the Rec Run


Council Member Raible requested more information on the Legislative Agenda.  Mr. Rumpeltes stated the overall theme of this agenda seems to be against Cities, but the agenda is still preliminary.  He and the Mayor will follow general policies to weigh in and guide responses to specific legislations.  He stated there is a Legislator who is very hostile, so he met with League Director Patrice Krauss and asked what we as a City could do.  She stated to be persistent and make them hear us.


Mayor Schoaf stated this is the worst session in 10 years for Cities.  This agenda is adopted by the League and they take positions based on this agenda.


Following brief comments, Council Member Raible moved, seconded by Council Member Mahoney to approve the 2017 Legislative Agenda; unanimous.



MOVER:              Tim Blake, Council Member

SECONDER:              Paul Faith, Vice Mayor

AYES:              Blake, Donahue, Faith, Mahoney, Raible, Romack, Schoaf


              X.              Business


A.              Authorization to Purchase Electronic Tablets for City Council Agendas

Ms. Roth provided a brief presentation of the device and shared the pros and cons compared to the current iPads Council is using.  She stated the new tablets will eliminate the need for Dropbox, which Council has been having issues with recently.


Vice Mayor Faith asked if the product is new or refurbished.  The response was "Out of the Box" means that someone purchased it and never used it, so it was returned.  He asked if purchasing new would be better and not purchase the warranty. Purchasing new is always better, but Staff felt the warranty was necessary.


Council Member Raible moved to purchase as “New instead of “Out of the Box.  Council Member Blake stated there is a higher failure rate for new because of the burning period they go through, so the City would be receiving a better product purchasing them in the “Out of the Box” condition. Following a brief discussion, Council Member Raible amended his motion to include the removal the extended warranty.


In response, Ms. Roth stated that the purchase of this item will reduce Staff time significantly in preparing and distributing the agenda packets.  The hyperlinks will no longer be needed and distribution will come directly from the City's website, not Dropbox, for downloading.  She also stated that the iPads the Council are currently using will be wiped clean and provided to the Planning & Zoning Commission for use.


After further discussion, Council Member Mahoney moved, seconded by Council Member Raible to amend the previous motion to include the removal of the type covers and only purchase the Surface Pro's; unanimous passage.


It was Council's understanding that the covers are for protection and not for the devices at the cost quoted.  At the direction of Council, Mr. Culbreth will have Ms. Reece research the covers for a lower cost and bring it back to Council for approval, if necessary.



MOVER:              Peter Mahoney, Council Member

SECONDER:              Jeff Raible, Council Member

AYES:              Blake, Donahue, Faith, Mahoney, Raible, Romack, Schoaf


B.              Aleppo & Scout Park Playground Equipment


Mr. Culbreth stated this purchase is the beginning of Phase II Improvements for the installation of playground equipment at Scout Park and the replacement of failing equipment at Aleppo Park. The equipment cost for Scout Park is $14,017.10 and $46,141.77 for Aleppo Park.  In response, he stated the equipment is from the same company who supplied Turtle and Camelback Parks.



MOVER:              Ann Donahue, Council Member

SECONDER:              John Romack, Council Member

AYES:              Blake, Donahue, Faith, Mahoney, Raible, Romack, Schoaf


C.              Award of Bid - Perimeter Wall Phase IV-B

Mr. Scoutten stated this project went out to bid and the opening was held recently.  The low bidder did not provide references and did not acknowledge the addendum, which was part of the requirements. He requested that the next low bidder, Somerset Contracting, be awarded the bid in the amount of $419,295.40.


Vice Mayor Faith questioned the low bidders calculations.  Mr. Scoutten stated once the math was checked, the low bidder’s numbers were off approximately $5,000.00.  He also stated research on the low bidder could not find any projects they completed that were considered major construction like the perimeter wall.


Vice Mayor Faith asked if the City had reached out to the contractor to see if we can get these items resolved and the response was negative as it would give him an unfair advantage against the other bidders who provided the required documents according to the bid specifications.


Mr. Scoutten stated the City Attorney reviewed it and she agreed with the recommendation, and considered it non-responsive due to the lack of items that are material to the project.


Mr. Culbreth reminded Council if they consider allowing the low bidder an opportunity to fix his bid, the City may be challenged by the other bidders and a possible lawsuit could ensue.


Mr. Scoutten informed Council that the funds to finish this will come from the project line item and the CIP contingency funds.


MOVER:              Tim Blake, Council Member

SECONDER:              John Romack, Council Member

AYES:              Blake, Donahue, Faith, Mahoney, Raible, Romack, Schoaf


D.              FY 2017 Milling and Paving Improvements Change Order #1


Mr. Scoutten stated there was an opportunity to add Alcala to the current contract due to changes in road construction.



MOVER:              Jeff Raible, Council Member

SECONDER:              Peter Mahoney, Council Member

AYES:              Blake, Donahue, Faith, Mahoney, Raible, Romack, Schoaf


E.              Award of Bid for FY 2017 Pavement Maintenance - Crack Fill / Seal Improvements


Mr. Scoutten stated there is $25,000 set aside each year for street improvements. The project is sent out to bid to see how much road they can get completed for the amount.


Vice Mayor Faith asked if there was an advantage to doing this work in winter vs. summer.  In response, Mr. Scoutten stated it's better to do the roads in moderate weather for better adherence.


Council Member Raible noticed the priority streets listed included Dysart Road.  It was his understanding this road does not belong in the City.  Mr. Scoutten stated a few hundred feet of Dysart Road north of Indian School Road does, in fact, belong to the City.


Council Member Mahoney commented on the vast difference of the dollar amounts between the bidders.



MOVER:              John Romack, Council Member

SECONDER:              Peter Mahoney, Council Member

AYES:              Blake, Donahue, Faith, Mahoney, Raible, Romack, Schoaf


F.              Adoption of the International Code Amendments


Mr. Scoutten explained that corrections were made to this Ordinance and Council was provided a copy.  He explained that State Law currently does not require sprinkler systems in one - and two- family homes.  In addition to this, deleting the City’s amendment for patio covers allows the City requirement to be less restrictive to the code.


MOVER:              John Romack, Council Member

SECONDER:              Ann Donahue, Council Member

AYES:              Donahue, Schoaf, Faith, Blake, Raible, Mahoney, Romack


G.              Adoption of the General Penalty Clause – Technical Correction



MOVER:              Peter Mahoney, Council Member

SECONDER:              Tim Blake, Council Member

AYES:              Donahue, Schoaf, Faith, Blake, Raible, Mahoney, Romack


              XI.              Executive Session


              A.              An Executive Session may be called during the public meeting on any item on this agenda pursuant to A.R.S. § 38-431.03(A)(3) for the purpose of receiving legal advice.


This item was not held.


              B.              An Executive Session may be called pursuant to A.R.S. § 38-431.03(A)(7) for discussion or consultation with designated representatives of the City in order to consider its position and instruct its representatives regarding negotiations for the lease of real property located at the La Loma Homestead.


This item was not held.


              XII.              Adjournment


Council Member Raible moved, seconded by Vice Mayor Faith; unanimous passage.


The meeting adjourned at 8:53 pm.









Thomas L. Schoaf, Mayor






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 Litchfield Park held on Wednesday, February 15, 2017.

I further certify that the meeting was duly called and held and that a quorum was present.



Terri Roth, Deputy City Clerk