CITY OF PEORIA, ARIZONA
	COUNCIL CHAMBER
	November 15, 2005


A Regular Meeting of the City Council of the City of Peoria, Arizona 
was convened at 8401 W. Monroe Street in open and public session at 
7:05 p.m.

Following a moment of silence, Councilmember Evans led the Pledge of 
Allegiance.

Members Present: Mayor John Keegan, Councilmembers Bob Barrett, 
Cathy Carlat, Joan Evans, Vicki Hunt, and Carlo Leone

Members Absent: Vice Mayor Dennis

Other Municipal Officials Present: Terrence Ellis, City Manager; 
Meredith Flinn, Deputy City Manager; Prisila Ferreira, Deputy City 
Manager; John Wenderski, Deputy City Manager; Steve Burg, Senior 
Deputy City Attorney; Mary Jo Kief, City Clerk; Constance Copeland, 
Assistant City Clerk; David Leonardo, Grady Miller, David Nakagawara, 
Stephen Bontrager, Neil Mann, Dave Moody, J.P. de la Montaigne, Jeff 
Tyne, Brent Mattingly, Chad Daines, Vicki Rios, and John Schell.

Audience:  Approximately 50 individuals were present.

Note:  The order in which items appear in the minutes is not 
necessarily the order in which they were discussed in the 
meeting.

*CONSENT AGENDA:    All items listed with an asterisk (C) are 
considered to be routine by the City Council, and were enacted by one 
motion.  There was no separate discussion of these items during this 
meeting.

Mayor Keegan asked if any Councilmember wished to have an item 
removed from the Consent Agenda.  There were no requests or 
comments.  A motion was made by Councilmember Leone, seconded 
by Councilmember Barrett, to approve the Consent Agenda Items as 
submitted.  Upon vote, the motion carried unanimously.

*MINUTES:   Approved the minutes of the following meetings:

		Study Session – October 18, 2005
   Regular Meeting – October 18, 2005

2C	Code Amendment, Ch. 2, Building Board of Appeals

Adopted ORD. 05-63 amending Chapter 2 of the Peoria City Code 
(1992 Edition) increasing the membership of the Building Board of 
Appeals from five members to seven members.

ORDINANCE NO. 05-63

AMENDING SECTION 2-152, BOARDS 
AND COMMISSIONS, UNSCHEDULED 
BOARDS AND COMMISSIONS; 
AMENDING SECTION 5-9, BUILDING 
BOARD OF APPEALS; PROVIDING FOR 
SEPARABILITY; AND PROVIDING FOR 
AN EFFECTIVE DATE.

3C	Code Amendment, Ch. 14, Planned Area Development 
(PAD) District

Concurred with the Planning and Zoning Commission’s recommendation 
and adopted ORD. 05-64 to amend Chapter 14 of the Peoria City Code 
(1977 Edition), Article 14-33, as a comprehensive housekeeping 
revision.

			ORDINANCE NO. 05-
64

AN ORDINANCE OF THE MAYOR AND 
COUNCIL OF THE CITY OF PEORIA, 
MARICOPA COUNTY, ARIZONA, 
AMENDING CHAPTER 14 OF THE 
PEORIA CITY CODE (1977 EDITION), BY 
AMENDING ARTICLE 14-33 PERTAINING 
TO PLANNED AREA DEVELOPMENTS 
(P.A.D.); PROVIDING FOR 
SEPARABILITY AND PROVIDING FOR 
AN EFFECTIVE DATE. 

4C	Grant Acceptance, Oversight Council on Driving or 
Operating Under the Influence Abatement Grant Program

a)	Adopted RES. 05-208 authorizing the City of Peoria Police 
Department to accept $25,000 for a DUI Grant from the Oversight 
Council on Driving or Operating Under the Influence Abatement 
Grant Program (LCON12405); and
b)	Approved a budget amendment in the amount of $25,000 for 
expenditure authority.

	RESOLUTION NO. 05-208

A RESOLUTION OF THE MAYOR AND 
COUNCIL OF THE CITY OF PEORIA, 
MARICOPA COUNTY, ARIZONA, 
ACCEPT AN AWARD OF A 
SUPPLEMENTAL GRANT IN THE 
AMOUNT OF $25,000 FROM THE 
OVERSIGHT COUNCIL ON DRIVING OR 
OPERATING UNDER THE INFLUENCE 
ABATEMENT, GRANT PROGRAM.



5C	Authorize Expenditure, Mohave Educational Services, 
Peoria Sports Complex, Access Road and Parking Lot 
Improvements

Approved expenditure in the amount of $650,000 to Mohave Educational 
Services Cooperative under Job Ordering Contract 01G-CENT-0831 
through Centennial Contractors for providing construction services for 
widening the Peoria Sports Complex access road and parking lot 
improvements.

6C	Settlement and Asset Purchase Agreements, DLGC

a)	Approved a settlement agreement in DLGC v. City of Peoria, 
et al (LCON12505); 
b)	Approved an Asset Purchase Agreement with DLGC for the 
purchase of the Lake Pleasant Water and Sewer Company 
(LCON12605);
c)	Authorized the City Manager and the City Attorney to execute 
all documents necessary for closing the transaction and 
settlement; and
d)	Authorized the use of reserves from the Water Fund and 
approved a budget amendment of $1,270,000 from the Water 
Fund Contingency Account to the Water Fund – Water 
System Account.

7C	Contract, Robinson, Stafford & Rude, Inc., Butler Drive 
Water Reclamation Facility

Awarded a contract in an amount not to exceed $350,139 to Robinson, 
Stafford & Rude, Inc. for value engineering, constructability review and 
cost estimating services for the Butler Drive Reclamation Facility. 
(Project S9813)  (LCON12705)




8C	Code Amendment, Ch. 14, Truck Traffic Routes

Adopted ORD. 05-70 amending Chapter 14 of the Peoria City Code 
(1992 Edition) pertaining to truck traffic routes.

	ORDINANCE NO. 05-70

AN ORDINANCE OF THE MAYOR AND 
COUNCIL OF THE CITY OF PEORIA, 
ARIZONA AMENDING CHAPTER 14 OF 
THE PEORIA CITY CODE (1992) BY 
AMENDING SECTION 14-67 PERTAINING 
TO MAJOR STREETS, LOCAL STREETS, 
DEFINITIONS AND AMENDING SECTION 
14-68 PERTAINING TO PERMISSIBLE 
ROUTES, PRESUMPTIONS, UNLAWFUL 
ACTS AND AMENDING SECTION 14-69 
EXCEPTION TO ROUTE RESTRICTIONS 
AND AMENDING SECTION 14-70 
PERTAINING TO LIABILITY FOR 
DAMAGES AND VIOLATIONS; 
REGISTERED OWNER RESPONSIBILITY 
AND AMENDING SECTION 14-71 
PERTAINING TO DEFINITIONS OF 
GROSS WEIGHT OF TRUCKS AND 
LOADS AND PERTAINING TO SECTION 
14-72 PERTAINING TO PERMITS FOR 
THE MOVEMENT OF OVER 
DIMENSIONAL LOADS AND AMENDING 
SECTION 14-73, TABLE 14-73 
PERTAINING TO PENALTIES AND 
AMENDING SECTION 14-74 PERTAINING 
TO WEIGHING OF VEHICLES AND 
LOADS; VIOLATION; CLASSIFICATION; 
CIVIL PENALTY AND PROVIDING FOR 
SEVERABILITY AND PROVIDING FOR 
AN EFFECTIVE DATE.


9C	Contract Amendment, Gila River Indian Community Water 
Rights

Authorized the City Manager to execute an amendment to the Gila River 
Indian Community Water Rights Settlement Agreement. (LCON04603A)

10C	Void

11C	Contract Amendment, West Side Weed Control, Landscape 
Maintenance Services

Approved Contract Amendment No. 7 in the amount of $31,208.99 with 
West Side Weed Control for maintenance of City rights-of-way requiring 
routine service and currently not under the landscape maintenance 
contract. (LCON01804G)

12C	Contract Amendment, Group Three Properties, Noranda 
Properties, Inc., and Pleasant Views, L.L.C.

Authorized a replacement amendment to a development agreement with 
Group Three Properties, Noranda Properties, Inc., and Pleasant Views, 
L.L.C. to terminate the existing development agreement on the property 
and enable the developer to rely on existing City ordinances for a period 
of 20 years. (LCON12693C)

13C	Comprehensive Annual Financial Report, Single Audit and 
Management Letter

Approved action to receive and file the Comprehensive Annual Financial 
Report, Single Audit and Management Letter for the fiscal year ending 
June 30, 2005.

14C	Fiscal Year 2006 First Quarter Budget Amendments

Approved Fiscal Year 2006 first quarter budget amendments.

15C	Budget Transfer, Peoria Educational Enrichment 
Foundation

Approved a budget transfer in the amount of $77,000 from the General 
Fund Contingency Account to The City Participation Outside Programs 
Account to allow the City to forward grant funds received from the Gila 
River Indian Community to the Peoria Educational Enrichment 
Foundation (PEEF).

16C	Power Transmission Line Easement, Salt River Project, 83rd 
Avenue and Thunderbird Road Widening Improvements

Adopted RES. 05-209 authorizing the City Manager to execute an 
easement to Salt River Project for the relocation of power transmission 
lines related to widening improvements at the intersection of 83rd Avenue 
and Thunderbird Road.

	RESOLUTION NO. 05 -209

		RESOLUTION OF THE MAYOR AND 
COUNCIL OF THE CITY OF PEORIA, 
ARIZONA, AUTHORIZING THE GRANTING 
OF AN EASEMENT TO THE SALT RIVER 
PROJECT AGRICULTURAL 
IMPROVEMENT AND POWER DISTRICT 
TO FACILITATE THE RELOCATION OF A 
POWER TRANSMISSION LINE.




17C	Utility Easements, Peoria Center at Arrowhead, 83rd Avenue 
and Paradise Lane

Adopted RES. 05-210 authorizing the City Manager to execute two 
public utility easements and a Peoria utility easement associated with 
the Peoria Center at Arrowhead, a City-owned property located at the 
southeast corner of 83rd Avenue and Paradise Lane.

RESOLUTION NO. 05 -210

		RESOLUTION OF THE MAYOR AND 
COUNCIL OF THE CITY OF PEORIA, 
ARIZONA, AUTHORIZING THE GRANTING 
OF TWO PUBLIC UTILITY EASEMENTS, 
AND A PEORIA UTILITY EASEMENT 
ASSOCIATED WITH THE 
CONSTRUCTION OF THE PEORIA 
CENTER AT ARROWHEAD.

18C	Deeds and Easements, Various Locations

Adopted RES. 05-211 accepting deeds and easements for various real 
property interests acquired by the City and previously recorded by the 
Maricopa County Recorder’s Office.

RESOLUTION NO. 05-211

A RESOLUTION OF THE MAYOR AND 
COUNCIL OF THE CITY OF PEORIA, 
MARICOPA COUNTY, ARIZONA 
ADOPTING A RESOLUTION FORMALLY 
ACCEPTING DEEDS AND EASEMENTS 
FOR PROPERTY RIGHTS CONVEYED 
TO THE CITY OF PEORIA. 

19C	Designate Roadways, Establish Rights-of-Way, Various 
Locations

Adopted RES. 05-212 designating various real properties to be used as 
City roadways and authorized the establishment of public rights-of-way 
to be opened and maintained by the City as a public street.

	RESOLUTION NO. 05-212

A RESOLUTION OF THE MAYOR AND 
COUNCIL OF THE CITY OF PEORIA, 
MARICOPA COUNTY, ARIZONA 
ADOPTING A RESOLUTION 
AUTHORIZING THE ESTABLISHMENT OF 
PUBLIC STREETS, TO BE OPENED AND 
MAINTAINED BY THE CITY.

20C	Final Plat, Sonoran Mountain Ranch, Parcel 15, 75th Avenue 
and Dixileta Drive

Re-approved the final plat for Sonoran Mountain Ranch, Parcel 15, 
located east of the 75th Avenue alignment and north of Dixileta Drive, 
subject to stipulations. (Project R050049)

21C	Amended Plat, Peoria Crossings, 91st Avenue and Northern 
Avenue

Approved the amended plat for Peoria Crossings, a re-plat of Lots 4 and 
23, located near the northwest corner of 91st Avenue and Northern 
Avenue, subject to stipulations. (Project R050042)

REGULAR AGENDA

22R	PUBLIC HEARING – General Plan Amendment, Carefree 
Highway and the Agua Fria River (Item 21R, October 18, 
2005)

PUBLIC HEARING: 

Mayor Keegan opened the Public Hearing and asked if any 
Councilmember or citizen wished to comment on the request to amend 
the Land Use Plan of the Peoria General Plan from Park/Open Space to 
Residential Low (3-5du/ac) and Mixed Use located at Carefree Highway 
and the Agua Fria River. (GPA05-05)

Staff Report/Public Comment:

Chad Daines, Planning Manager, advised that the applicant requested 
that the Public Hearing be continued to the next Council meeting, 
December 13, 2005.

Mayor Keegan recessed the Public Hearing until the next Council 
Meeting on 
December 13, 2005.

23R	PUBLIC HEARING – Off-Sale All Liquor License, Mikes 
Market, 8520 W. Peoria Avenue

PUBLIC HEARING:  

Mayor Keegan opened the Public Hearing and asked if any 
Councilmember or citizen wished to comment on the liquor license 
application for a person-to-person transfer for an Off-Sale All Liquor 
License (Series 9) for Mikes Market located at 8520 W. Peoria Avenue. 
Applicant:  Mazen Arekat.  LL#10004677.

Staff Report/Public Comment:
Mary Jo Kief, City Clerk, reported that the property was properly posted, 
all reviewing Departments recommended approval, all fees were paid, 
and there were no comments received in the City Clerk’s Office.

There being no comments from those present and none received in the 
City Clerk’s Office, Mayor Keegan declared the Public Hearing closed.

Council Action:  

Motion was made by Councilmember Barrett, seconded by 
Councilmember Leone, to recommend approval to the State Liquor 
Board for a person-to-person transfer for an Off-Sale All Liquor License 
(Series 9) for Mikes Market located at 8520 W. Peoria Avenue.  
Applicant:  Mazen Arekat.  LL#10004677.  Upon vote, the motion carried 
unanimously.

24R	PUBLIC HEARING – Water, Wastewater and Solid Waste 
Rates

PUBLIC HEARING:  

Mayor Keegan opened the Public Hearing and asked if any 
Councilmember or citizen wished to comment on the City initiated 
proposed changes to water, wastewater and solid waste rates.

Staff Report/Public Comment:
Brent Mattingly, Director of Finance, introduced Vicki Rios, Financial 
Systems Supervisor, who presented the summary report.  

Vicki Rios presented an overview of the rate analysis and explained that 
the report was a collaborative effort.  She noted that Larry Dobroski, 
Revenue Manager, had given Council a more detailed report during 
November 1, 2005 Council Meeting.

Ms. Rios reviewed the statutory requirements for the public hearing and 
adoption of new rates.  She advised that if adopted, the rates would 
become effective January 4, 2006.

Ms. Rios reported that there had been no increase in water rates for the 
past two years.  Wastewater rates will increase five percent in January 
2006 and Staff recommends an increase of three percent for January 
2007.  Ms. Rios reported Solid Waste Residential rates will increase 
three percent in January 2006, but Staff was not recommending an 
increase for January 2007.  Commercial Solid Waste rates will increase 
four percent in January 2006 and Staff recommends a three percent 
increase for January 2007.

Ms. Rios reviewed comparisons of the proposed rate changes to 
customers comparing current rates to the proposed rates.  The total 
impact for residents using approximately 8,000 gallons of water was an 
increase of 2.6 percent.  Residential rates for homes using 15,000 
gallons of water would increase 2.4 percent.

Ms. Rios reported that a new Storm Water Fee was created last year to 
provide funding for the Storm Water Management Plan.  Staff is 
recommending that the fee be applied on a per unit basis to be more 
equitable.  Ms. Rios noted that the City expanded customer 
classifications.

In response to a question from Councilmember Carlat, Neil Mann, Public 
Works Director, responded that the City would be competitive with the 
recommended commercial rates.  He added that the increase was 
impacted by increases in the costs of fuel, steel, and the vehicle 
expenses.

Councilmember Leone asked for Staff to provide a definition of waste 
water and solid waste.  Ms. Rios explained that waste water was 
sewage while solid wastes referred to sanitation/garbage services.

Mayor Keegan asked if there were any other comments.  There were 
none.

Mayor Keegan stated that while he supported the water and wastewater 
rates, he disagreed with the solid waste rates because he felt that the 
City should not be in the sanitation business competing with private 
industry.  Mayor Keegan stated that he would vote in favor of the rates 
because it was important to fund the water treatment plant.

Council Action:  

Motion was made by Councilmember Barrett, seconded by 
Councilmember Evans, to  adopt RES. 05-213 adjusting water, 
wastewater and solid waste rates and customer classifications and 
establishing the new rates effective January 4, 2006.  Upon vote, the 
motion carried five to one with Councilmember Leone voting “no.”



	RESOLUTION NO.  05-213

		A RESOLUTION OF THE MAYOR AND 
COUNCIL OF THE CITY OF PEORIA, 
ARIZONA, AUTHORIZING CERTAIN 
ADJUSTMENTS AND INCREASES TO 
THE RATES IMPOSED FOR USE OF 
THE PUBLIC WASTEWATER 
COLLECTION AND TREATMENT 
SYSTEM; SYSTEM RATE 
COMPONENTS; SERVICE CHARGES 
AND FEES FOR USE OF THE 
MUNICIPAL WASTEWATER (SEWER) 
UTILITY SYSTEM AND ADOPTING A 
SCHEDULE OF CHARGES FOR THE 
USE OF THE MUNICIPAL 
WASTEWATER (SEWER) SYSTEM AND 
AUTHORIZING CERTAIN INCREASES TO 
THE RATES IMPOSED FOR USE OF 
MUNICIPAL SOLID WASTE SERVICES 
AND ADOPTING A SCHEDULE OF 
CHARGES FOR THE USE OF  
MUNICIPAL SOLID WASTE SERVICES; 
SOLID WASTE RATE COMPONENTS; 
SERVICE CHARGES AND FEES FOR 
USE OF MUNICIPAL SOLID WASTE 
SERVICES AND ALL SUCH 
ADJUSTMENTS TO BECOME 
EFFECTIVE AS PROVIDED HEREIN 
AND PROVIDING FOR AN EFFECTIVE 
DATE.

25R	Water, Wastewater, Water Resources, Solid Waste and 
General Government Impact Fees (Item 34R, Public 
Hearing, November 1, 2005)

Jeff Tyne, Budget Director, reviewed the timeline and the completed 
process for the approval of the General Government and Water, 
Wastewater, Water Resources and Solid Waste Utility Impact Fees.  Mr. 
Tyne reported that the new impact fees would become effective March 1, 
2006.

Councilmember Carlat stated that Council had studied impact fees for 
some time.  Staff had mitigated the costs as much as possible and 
established three zones in the City.  The Central Zone was given a 
reduction in the Transportation Impact Fee and Staff had recommended 
a phased-in approach to the Transportation Fee.  Councilmember Carlat 
explained that development should pay for the costs of development.  
She expressed the need for Peoria to stay competitive with other cities 
in the area.  Councilmember Carlat advised that the City of Peoria Staff 
used actual, fresh data and also incorporated the topographical issues 
unique to the City of Peoria in their fee assessment and 
recommendation to Council.  

Mayor Keegan asked if Councilmembers had any additional questions 
or comments.  There were none.  



Motion was made by Councilmember Evans, seconded by 
Councilmember Barrett, to adopt ORD. 05-65 adjusting water, water 
resources, solid waste and general government impact fees and 
establishing March 1, 2006 as the effective date for implementation of 
the proposed fees.  Upon vote, the motion carried unanimously.

	ORDINANCE NO. 05-65

AN ORDINANCE OF THE MAYOR AND 
COUNCIL OF THE CITY OF PEORIA, 
ARIZONA AMENDING CHAPTER 20 OF 
THE PEORIA CITY CODE (1992) BY 
AMENDING SECTION 20-53, TABLE 20-
53 AND AMENDING CHAPTER 22 BY 
AMENDING SECTION 22-22, TABLE 22-
22 OF THE PEORIA CITY CODE (1992) 
PERTAINING TO SOLID WASTE 
DEVELOPMENT FEES AND AMENDING 
CHAPTER 25 OF THE PEORIA CITY 
CODE (1992) BY AMENDING SECTION 
25-7 PERTAINING TO WATER SYSTEM 
DEVELOPMENT FEES AMENDING 
SECTION 25-74 PERTAINING TO WATER 
RESOURCES DEVELOPMENT FEES 
AND AMENDING SECTION 25-95.1 
PERTAINING TO WASTEWATER 
DEVELOPMENT FEES AND PROVIDING 
FOR SEVERABILITY AND PROVIDING 
FOR AN EFFECTIVE DATE.

26R	Canvass of Special Election, November 8, 2005

Mary Jo Kief, City Clerk, reported that the City of Peoria experienced 
20.96 percent voter participation for the all-mail ballot.  She noted that 
neighboring jurisdictions who conducted on-the-ground elections for 
similar franchise issues experienced only a 1.7 percent and 6.4 percent 
voter turnout.  

Mayor Keegan congratulated Ms. Kief on a very successful election.

Motion was made by Councilmember Carlat, seconded by 
Councilmember Hunt, to adopt RES. 05-214 accepting, approving and 
adopting the canvass of election for the City’s All-Mail Ballot Special 
Election held on November 8, 2005, granting a franchise for a period of 
twenty-five (25) years to Southwest Gas Corporation and Arizona Public 
Service Company as approved by the qualified electors of the City of 
Peoria, Arizona, and adopting ORD. 05-68 and ORD. 05-69.  Upon 
vote, the motion carried unanimously.  



RESOLUTION NO. 05-214

A RESOLUTION OF THE MAYOR AND 
COUNCIL OF THE CITY OF PEORIA, 
MARICOPA COUNTY, ARIZONA, 
DECLARING AND ADOPTING THE 
RESULTS OF THE SPECIAL ELECTION 
HELD ON NOVEMBER 8, 2005; AND 
ORDERING THE RECORDING OF SUCH 
RESOLUTION AND CERTIFICATE AND 
DECLARING AN EMERGENCY.


ORDINANCE NO. 05-68
(Franchise Agreement)
AN ORDINANCE GRANTING 
SOUTHWEST GAS CORPORATION, A 
CALIFORNIA CORPORATION, ITS 
SUCCESSORS AND ASSIGNS, THE 
RIGHT, PRIVILEGE AND FRANCHISE TO 
CONSTRUCT, MAINTAIN, AND 
OPERATE UPON, OVER, ALONG, 
ACROSS AND UNDER THE STREETS, 
AVENUES, ALLEYS, HIGHWAYS, 
BRIDGES AND OTHER PUBLIC RIGHTS-
OF-WAY IN THE CITY OF PEORIA, 
ARIZONA, ITS GAS LINES, 
TRANSMISSION AND DISTRIBUTION 
SYSTEM AND NECESSARY 
APPURTENANCES FOR THE PURPOSE 
OF SUPPLYING GAS, INCLUDING GAS 
MANUFACTURED BY ANY METHOD 
WHATSOEVER, AND/OR GAS 
CONTAINING A MIXTURE OF NATURAL 
GAS AND SUCH ARTIFICIAL GAS, 
AND/OR NATURAL GAS, TO THE CITY, 
ITS SUCCESSORS, THE INHABITANTS 
THEREOF, AND INDIVIDUALS AND 
ENTITIES WITHIN THE LIMITS THEREOF; 
PRESCRIBING CERTAIN RIGHTS, 
DUTIES, TERMS AND CONDITIONS; 
PROVIDING FOR THE SUBMISSION 
HEREOF TO THE ELECTORS FOR 
THEIR APPROVAL; AND DECLARING 
AN EMERGENCY.   



ORDINANCE NO. 05-69
(Franchise Agreement)

AN ORDINANCE GRANTING ARIZONA 
PUBLIC SERVICE COMPANY, AN 
ARIZONA CORPORATION, ITS 
SUCCESSORS AND ASSIGNS, THE 
RIGHT, PRIVILEGE AND FRANCHISE TO 
CONSTRUCT, MAINTAIN, AND 
OPERATE UPON, OVER, ALONG, 
ACROSS AND UNDER THE STREETS, 
AVENUES, ALLEYS, HIGHWAYS, 
BRIDGES AND OTHER PUBLIC RIGHTS-
OF-WAY IN THE CITY OF PEORIA, 
ARIZONA, ITS ELECTRICAL 
TRANSMISSION AND DISTRIBUTION 
SYSTEM, POWER LINES, AND 
NECESSARY APPURTENANCES FOR 
THE PURPOSE OF SUPPLYING 
ELECTRIC ENERGY TO THE CITY, ITS 
SUCCESSORS, THE INHABITANTS 
THEREOF, AND INDIVIDUALS AND 
ENTITIES WITHIN THE LIMITS THEREOF; 
PRESCRIBING CERTAIN RIGHTS, 
DUTIES, TERMS AND CONDITIONS; 
PROVIDING FOR THE SUBMISSION 
HEREOF TO THE ELECTORS FOR 
THEIR APPROVAL; AND DECLARING 
AN EMERGENCY.

Note:  Mayor Keegan announced that the applicants for Agenda Items 
27R, 28R, and 29R had requested that those items be carried over to 
the December 13, 2005 Council meeting. 

27R	Lake Pleasant Heights Specific Area Plan Amendment, 
115th Avenue and Lone Mountain Road

Motion was made by Councilmember Carlat, seconded by 
Councilmember Barrett, to carry over until the December 13, 2005 
Council Meeting the discussion and possible action to concur with the 
Planning and Zoning Commission’s recommendation and adopt RES. 
05-215 to amend the Lake Pleasant Heights Specific Area Plan to 
update the conceptual land use, circulation and open space maps and 
the development standards for the +3,268-acre site. (GPA01-04A.1)  
Upon vote, the motion carried unanimously.

RESOLUTION NO.  05-215

A RESOLUTION OF THE MAYOR AND 
COUNCIL OF THE CITY OF PEORIA, 
MARICOPA COUNTY, ARIZONA 
ADOPTING AN AMENDMENT OF THE 
LAKE PLEASANT HEIGHTS SPECIFIC 
AREA PLAN, FOR THE CITY OF PEORIA, 
ARIZONA; AND PROVIDING FOR 
SEVERABILITY AND AN EFFECTIVE 
DATE.


28R	Rezoning, 115th Avenue and Lone Mountain Road

Motion was made by Councilmember Carlat, seconded by 
Councilmember Barrett, to carry over until the December 13, 2005 
Council Meeting:

a)  Discussion and possible action to concur with the Planning and 
Zoning Commission’s recommendation and adopt ORD. 05-66 to 
rezone approximately +3,268 acres, located near the northwest 
corner of 115th Avenue and Lone Mountain Road and bounded by 
the Joy Ranch Road alignment to the north and 123rd Avenue and 
131st Avenue alignments to the west, from Suburban Ranch (SR-43), 
Single-Family Residential (R1-35) and General Agricultural (AG) to 
Planned Community Development (PCD); and
b)  	Adopt RES. 05-216 establishing protected development rights 
enabling the applicant to carry out the proposed development 
project. (Z03-05)

Upon vote, the motion carried unanimously.

ORDINANCE NO. 05-66

AN ORDINANCE OF THE CITY OF 
PEORIA, MARICOPA COUNTY, ARIZONA 
ZONING PROPERTY FROM SR-43 
(SUBURBAN RANCH), R1-35 (SINGLE 
FAMILY RESIDENTIAL) AND AG 
(GENERAL AGRICULTURAL) ZONING 
DISTRICTS TO A PCD (PLANNED 
COMMUNITY DEVELOPMENT) ZONING 
DISTRICT; AMENDING THE ZONING MAP 
AND PROVIDING FOR AN EFFECTIVE 
DATE.

RESOLUTION NO. 05 - 216
A RESOLUTION OF THE MAYOR AND 
COUNCIL OF THE CITY OF PEORIA, 
MARICOPA COUNTY, ARIZONA, 
ADOPTING AND APPROVING PLANNED 
COMMUNITY DEVELOPMENT ZONING 
AS A PROTECTED DEVELOPMENT 
RIGHT PLAN FOR A PHASED 
DEVELOPMENT.



29R	Rezoning, Jomax Road and Lake Pleasant Parkway

Motion was made by Councilmember Carlat, seconded by 
Councilmember Evans, to carry over until the December 13, 2005 
Council Meeting the discussion and possible action to concur with the 
Planning and Zoning Commission’s recommendation and adopt ORD. 
05-67 to rezone approximately 44 acres, located south of the southeast 
corner of Jomax Road and Lake Pleasant Parkway, from Suburban 
Ranch (SR-43) to Planned Area Development (PAD) with underlying 
zoning of Single-Family Residential with a minimum lot size of 12,000 
square feet (R1-12).  (Z05-08)  Upon vote, the motion carried 
unanimously.

ORDINANCE NO. 05-67

AN ORDINANCE OF THE CITY OF 
PEORIA, MARICOPA COUNTY, ARIZONA 
ZONING PROPERTY FROM SR-43 
(SUBURBAN RANCH) ZONING DISTRICT 
TO A P.A.D. (PLANNED AREA 
DEVELOPMENT) ZONING DISTRICT; 
AMENDING THE ZONING MAP AND 
PROVIDING FOR AN EFFECTIVE DATE.

30R	Contract Amendment, Sletten Construction, Peoria Center 
for the Performing Arts

Grady Miller, Communications and Public Affairs Director, explained that 
Council had received a detailed overview of the contract amendment 
during the Study Session that afternoon and discussed the cost 
escalation of the Community Theatre project.  

Mr. Miller described the features of the Community Theater that included 
the roof structure, the number of seats and black box seats, the orchestra 
pit, two classrooms and offices.  Mr. Miller indicated the location of the 
theater and showed schematics of the new Theater.  

Mr. Miller explained the Construction Manager at Risk contract with 
Sletten Companies.  He reported that Sletten Companies was selected 
in March 2005 and is responsible for costs over the Guaranteed 
Maximum Price at a not to exceed amount.

John Wenderski, Deputy City Manager, identified the funding sources:  
Theater Works Capital Contribution of $200,000, City of Peoria Arts 
Fund $1.4 million, revenue from the Half Cent Sales Tax Fund $4.6 
million, and $189,438 available from the project demolition fund.  The 
total amount to be financed is $6.8 million with an annual debt payment 
of $520,000.  

Mr. Miller reviewed the construction timeline for the Community Theater.  
He announced that if Council approves the contract this evening, the 
ground breaking would be tomorrow, November 16, 2005.  Mr. Miller 
reported that the estimated completion date was for November 2006.

Mr. Miller advised that the Community Theater is vital to the downtown 
revitalization goals of the City.  The Theater will become the activity 
center for the downtown area.  Most businesses in this area are open 
from 8:00 a.m. to 5:00 p.m.  Mr. Miller stated that the Community Theater 
will bring more people to the shops and restaurants in the community 
and will help expand business development.  

Mr. Miller stated that the City has invested $1 million in the design and 
pre-construction services.  He advised that Staff recommends an award 
of a contract to Sletten Companies for a Guaranteed Maximum Price not 
to exceed $10,956,351 and authorize a revised capital improvement 
project budget of $12.9 million.

In response to questions from Councilmember Leone, Mr. Miller reported 
that the Theater would have a concession stand available for beverages 
and some microwavable foods.

Councilmember Hunt commented that the Theater has been a long time 
coming.  She recognized the efforts of Staff and Theater Works 
representatives.  Councilmember Hunt referenced the number of Theater 
Works’ hats in the audience.  Councilmember Hunt added that Vice 
Mayor Dennis could not be present but that Vice Mayor Dennis fully 
supported the Community Theater.

Motion was made by Councilmember Hunt, seconded by 
Councilmember Barrett, to approve the following:

a)	A guaranteed maximum price (GMP) contract in the not-to-
exceed amount of $10,956,351 with Sletten Construction to build 
the Peoria Center for the Performing Arts (LCON03205D); and
b)	The revised Capital Improvement Project budget authorization in 
the amount of $12.9 million for the project.

Upon vote, the motion carried unanimously.

Jack Lytle, Executive Director of Theater Works, commented on the 
contribution the Theater would make for citizens living in the West Valley. 
 He thanked Mayor, Council and Staff for their work.  Mr. Lytle described 
the aggressive plan to make this Theater a reality.  Mr. Lytle introduced 
new Theater staff.  He thanked the thousands of patrons, sponsors and 
donors who contributed to the success.



Charlie Gyder, Board Member of Theater Works, spoke of the dream of 
community leaders for a Community Theater in Peoria.  He also offered 
his thanks to Mayor and Council.

Thom Gyder, Board Member of Theater Works, described the long road 
and many meetings.  He stated that we were now less than twenty-four 
hours away from the groundbreaking.  Mr. Gyder explained that the 
Theater will be a legacy for families who previously had to travel to 
Phoenix and Mesa for the Arts.

31R	Contract, Theater Works, Peoria Center for the Performing 
Arts (Item 36R, November 1, 2005)

Grady Miller, Communications and Public Affairs Director, summarized 
the key provisions of the lease agreement with the Community Theater:   

•	Twenty year term of the lease at $1 per year
•	Theater Works will carry Commercial General Liability Insurance 
with a minimum of $1,000,000 single coverage and $3,000,000 
general aggregate
•	City of Peoria and its officials named additional insureds on 
insurance policy
•	The City of Peoria is entitled to 12 days use of the facility annually
•	City Manager or designee to serve as an ex officio member to 
the board of directors and executive committee
•	A ticket surcharge of $1 will go into a City reserve fund 
•	Theater Works will be responsible for the operation of the theater 
as well as day to day custodial care and maintenance of the 
facility
•	The City of Peoria will be responsible for maintaining 
landscaping and parking lot as well as the building infrastructure 
such as the roof, heating and ventilation system, and other 
systems
•	Theater Works must maintain an operating reserve of $25,000 
initially which will then increase to 10 percent of Theater Works’ 
operating budget
•	Theater Works must offer preferred rental rates to Peoria-based 
organizations.

Mr. Miller also explained that the City reserved just 12 days so that the 
Theater would have as many days as possible to gain revenue.  He 
explained that Theater Works’ operating costs will go up once the 
Theater moves into the new facility.

Mr. Miller reported that the lease agreement also provides that the City 
Manager as ex officio member to the board of directors and executive 
committee will also provide input on budget, finance, and personnel 
matters.

Mr. Miller outlined the surcharge and explained that this would build the 
Reserve Fund for providing for the wear and tear and general upkeep of 
the Theater.  

Mr. Miller presented several schematics of the new facility.  

Councilmember Barrett commented that he has been asked why he 
would support turning over the building to private owners.  He explained 
that he believed the organization deserved it.  In 2001, Theater Works 
was just starting and experiencing a number of problems; they have 
showed great determination and grit resolving those issues.  
Councilmember Barrett recommended that everyone see one of their 
plays.

Motion was made by Councilmember Hunt, seconded by 
Councilmember Barrett, to  approve a lease agreement with Theater 
Works for use of the Peoria Center for the Performing Arts.  Upon vote, 
the motion carried unanimously.  (LCON11805)  

32R	Confirmation of Deputy City Manager Appointments

Terry Ellis, City Manager, described the process of appointment for 
Deputy City Managers. He explained that the City Charter states that 
appointment is made by the City Manager, but appointment must be 
confirmed by Council.  Mr. Ellis outlined the qualifications of Susan K. 
Thorpe and Carl Swenson.  He noted that salaries had been set and 
were set forth in the report to Council.  

Mr. Ellis stated his regret at the retirement of two fine Deputy City 
Managers, Meredith Flinn and Prisila Ferreira and thanked them for their 
service to Peoria.  Mr. Ellis reported that January 6, 2006 would be the 
last day for both Ms. Flinn and Ms. Ferreira.

Mr. Ellis reported that Susan Thorpe has 20 years of municipal 
management experience as a City Manager in Texas and Assistant City 
Manager in both Texas and California.  Mr. Ellis reported that Carl 
Swenson has 23 years of municipal management experience.  He 
served as Village Manager in Illinois and Deputy City Manager in 
Washington.  Both Ms. Thorpe and Mr. Swenson are experienced, 
capable leaders.

In response to questions from Councilmember Leone, Mr. Ellis explained 
that both new Deputy City Managers were not able to attend this evening 
because of their current responsibilities.  Mr. Ellis reported that the 
difference in salaries between the two deputies was based on the 
experiences of both candidates.  Councilmember Leone stated that 
would not confirm individuals that he had not had the opportunity to meet. 
 

Councilmember Hunt asked about the difference of four months in the 
start date for Mr. Swenson.  Mr. Ellis responded that there were vesting 
issues for Mr. Swenson with his current retirement system.  Mr. Ellis had 
agreed to the later date to allow Mr. Swenson to complete the vesting 
process before taking his new position.  Mr. Ellis advised that he would 
appoint an interim deputy city manager.

Councilmember Carlat commented on the exhausting process of 
recruitment.  She commented on the quality of the applicants.

Councilmember Barrett stated that he was comfortable with the City 
Manager’s recommendation.

Motion was made by Councilmember Carlat, seconded by 
Councilmember Barrett, to confirm the appointment of Susan K. Thorpe, 
Deputy City Manager – Safety and Administrative Services, effective 
January 9, 2006, and Carl Swenson, Deputy City Manager – 
Development and Community Services, effective April 10, 2006.  Upon 
vote, the motion carried by a vote of five to one with Councilmember 
Leone voting “no.”

CALL TO THE PUBLIC:  (NON-AGENDA ITEMS)

Mr. Roy Coulliette, Peoria resident, commented that he had returned 
from a trip in August to learn that he was required to take down his signs. 
 He reported that he contacted the Mayor about his problem and asked 
for help.  Mr. Coulliette stated that a lot of people wrote about the issue.  
Mr. Chad Daines, Planning Manager, assisted him.  The signs were 
approved and put back up.  Mr. Coulliette stated that he was proud to 
live in Peoria.

Reports from the City Manager:  none.

Reports from City Council:

Councilmember Barrett commented that he had been a presenter at the 
Peoria Education Enrichment First Annual Dinner.  He explained that is 
was a great event.

Councilmember Leone commented that there was an incident in the Las 
Palmaritas neighborhood in his District.  He thanked Peoria Police for 
their expertise and stated that there was no violence as the perpetrators 
surrendered.  Councilmember Leone also recognized the Staff who were 
honored at the Employee Service Presentation that week for their years 
of service to Peoria.

Councilmember Hunt commented on the passage of Peoria Union 
School District bonds.  She noted that Peoria High School would be the 
recipient of funding for major renovations.

Reports from the Mayor:  None.



ADJOURNMENT:

	Being no further business to come before the Council, the meeting was 
duly adjourned at 8:05 p.m.

	______________________________________
	John C. Keegan, Mayor                                       
 


ATTEST:




______________________________________
Mary Jo Kief, 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 Peoria, Arizona 
held on the 15th day of November, 2005.  I further certify that the meeting 
was duly called and held and that a quorum was present.



Dated this 13th day of December, 2005.                                                   

(Seal)



______________________________________________
Mary Jo Kief, City Clerk