CITY OF PEORIA, ARIZONA
COUNCIL CHAMBER
May 2, 2006


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 7:04 p.m.

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

Members Present: Mayor John Keegan; Councilmembers Cathy 
Carlat, Patricia Dennis, Joan Evans, Vicki Hunt, and Carlo Leone

Members Absent: None

Other Municipal Officials Present: Terrence Ellis, City Manager; 
Carl Swenson Deputy City Manager; Susan Thorpe, Deputy City 
Manager; John Wenderski, Deputy City Manager; Steve Kemp, City 
Attorney; Mary Jo Kief, City Clerk; Constance Copeland, Assistant 
City Clerk; David Leonardo, Grady Miller, Stephen Bontrager, Dave 
Moody, Brent Mattingly, Glen Van Nimwegen and Chad Daines.

Audience:  Approximately 24 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.

PRESENTATION:

Mayor Keegan presented a Certificate of Appointment to Alicia Snarr 
as a newly appointed regular member to the Library Board.

Mayor Keegan announced that Vice Mayor Barrett had resigned 
effective Friday, April 28, 2006, and subsequently announced that 
he was running for Mayor.  Mayor Keegan moved the election of 
the Vice Mayor to the next item on the Council agenda.

28R	Election of Vice Mayor

Councilmember Dennis nominated Councilmember Hunt to the 
position of Vice Mayor to serve until the first meeting in 2008.  

Councilmember Leone nominated himself to the position of Vice 
Mayor.

Councilmember Dennis highlighted the three year term of 
Councilmember Hunt, her leadership and contributions to the Council 
and City.  Councilmember Hunt noted that Councilmember Hunt had 
worked extensively on the Theater Works project and the 
redevelopment of the Downtown area to bring quality development to 
the downtown area.  Councilmember Hunt serves as a member the 
Council Sub-Committee on Boards and Commission Appointments, 
the Non-for-Profit Sub-Committee and is very active in her District on 
park issues and other development issues.

Councilmember Leone highlighted his service on the Ethics Sub-
Committee.  He emphasized that people like him, he goes to many 
functions in the City and has served as a Councilmember for seven 
years.  Councilmember Leone stated that he will never be Vice Mayor 
as he believes in a strong Mayor and Council not a City Manager form 
of government.

Councilmember Evans asked why the term is for more than one year 
term.  Steve Kemp advised that the Council can set the term for any 
limit to fill out the term of Vice Mayor Barrett or longer.  The next 
Council may elect to change that length of term.

Councilmember Leone also noted that he served on the Military 
Committee for seven years.

Mayor Keegan asked if there were any other discussion.  Mayor 
Keegan stated,

“Mr. Leone – you repeatedly nominate yourself to this 
position.  You seem to feel that it is yours by right.  I 
think that this position is a matter of trust by the Council. 
 Someone is selected by the Council that they feel 
comfortable should the Mayor be for whatever reason 
not be able to – to perform the functions as Mayor.  You 
repeatedly interfere with other people’s districts, you 
touted the fact that you were on the Ethics Committee.  
You were removed from the Ethics Committee for – for 
cause.  Ah – most recently you’ve tried to bring the City 
Staff into an – putting them in an untenable position for 
your own political gain.  For me, that says that – that is 
not the kind of person that I would want to entrust my 
office to – should I not be able to fill out the term.  Other 
members of the Council can speak for themselves and 
their vote may be able to say that, but you repeatedly 
bring this up as – as an effort to try to embarrass the 
rest of the Council that somehow that you are being 
denied something that you are owed by right.  I think it 
is something that you have failed to earn from other 
members of the Council.  If there is no further 
discussion, the Clerk will please poll the Council.”

Mayor Keegan advised that each Councilmember will state the name 
of the Councilmember they support when the Clerk called for their 
vote.

Mary Jo Kief, City Clerk, polled the Council.   Councilmember Dennis, 
Councilmember Evans, Councilmember Carlat, Councilmember Hunt, 
and Mayor Keegan voted for Councilmember Hunt to become Vice 
Mayor.  Councilmember Leone voted for himself.

Mayor Keegan announced that by a vote of five to one, the Council 
had selected Councilmember Hunt to serve as Vice Mayor until the 
first meeting in January 2008.

Mayor Keegan declared a short recess at 7:10 p.m. so Staff could 
set up the room for the change of Council seats.  The meeting 
reconvened at 7:16 p.m.

CONSENT AGENDA

CONSENT AGENDA:    All items listed with a “C” are considered to 
be routine or have been previously reviewed by the City Council, and 
may be enacted by one motion.  There was no separate discussion of 
these items unless a Councilmember so requested.

CONSENT – New Business:

Mayor Keegan asked if any Councilmember wished to have an item 
removed from the Consent Agenda.  Councilmember Carlat asked to 
hear agenda item 1C separately.  Councilmember Dennis asked to 
hear agenda item 3C separately.

Motion was made by Councilmember Leone, seconded by Vice Mayor 
Hunt, to approve the consent agenda with the exception of 1C and 3C 
which will be heard separately.  Upon vote, the motion carried 
unanimously.

1C - Note:  This item heard separately following the other 
Consent Agenda Items.

2C	Grant Acceptance, Governor’s Office of Highway Safety, 
Occupant Protection Enforcement Program

RESOLUTION 06-77

A RESOLUTION OF THE MAYOR AND 
COUNCIL OF THE CITY OF PEORIA, 
ARIZONA, AUTHORIZING THE 
ACCEPTANCE OF A $4,500 
OCCUPANT PROTECTION 
ENFORCEMENT PROGRAM A GRANT 
FROM THE GOVERNOR’S OFFICE OF 
HIGHWAY SAFETY, FOCUSING ON 
OVERTIME TO ENFORCE SEATBELT 
AND CHILD SAFETY SEAT 
VIOLATIONS, IN THE CITY OF PEORIA.

Adopted RES. 06-77 authorizing the formal acceptance from the 
Governor’s Office of Highway Safety of an Occupant Protection 
Enforcement (Click It or Ticket) Program Grant in the amount of 
$4,500 to fund overtime for the Police Department to enforce 
occupant restraint violations during one three-week enforcement 
period from May 15 through June 3, 2006 (LCON03606); and

Approved a budget amendment in the amount of $4,500 from the 
Proposed Grants Contingency Account to the Overtime Account to 
provide expenditure authority for the grant funds.

3C – Note:  This item heard separately following the other 
Consent Agenda Items.

4C	Contract, State of Arizona, Widening Improvements, 91st 
Avenue and Olive Avenue Intersection

RESOLUTION NO. 06-79

A RESOLUTION OF THE MAYOR AND 
CITY COUNCIL OF THE CITY OF 
PEORIA, ARIZONA, ADOPTING A 
RESOLUTION APPROVING THE 
INTERGOVERNMENTAL AGREEMENT 
WITH THE STATE OF ARIZONA FOR 
ACQUISITION OF FEDERAL FUNDS 
FOR DESIGN OF THE 91st AVENUE 
AND OLIVE AVENUE INTERSECTION 
WIDENING PROJECT.

Adopted RES. 06-79 approving an Intergovernmental Agreement with 
the State of Arizona for a design concept report and design of the 
widening improvements to the 91st Avenue and Olive Avenue 
intersection. (Project P-0315) (LCON03706)

5C	Contract, Quintero Golf and Country Club, Utility Service 
Costs

Approved an agreement with the Quintero Golf and Country Club for 
the recovery of utility service costs associated with the Quintero 
development. (LCON03806)

6C	Contract, PMK Consultants, Peoria Channel 11 Equipment 
Specification Development

Awarded a single source contract in the amount of $51,200 to PMK 
Consultants for development of equipment specifications for the 
Peoria Channel 11 studio. (LCON03906)

7C	Void 

8C	Void 

9C	Contract Amendment, Visus Construction, Street 
Improvement Project, 111th Avenue

Approved Contract Amendment No. 3 in an amount not to exceed 
$34,592.25 with Visus Construction for additional construction 
services on the 111th Avenue street improvement project 
(LCON01905C); and

Authorized the use of reserves and approved a budget transfer in the 
amount of $34,592.25 from the Wastewater Fund Contingency 
Account to the Wastewater Expansion Fund.

10C	Contract Amendment, Haydon Building Corp., 
Development Services Building Design/Build

Approved Contract Amendment No. 3 in an amount not to exceed 
$133,295 with Haydon Building Corp. for utility related construction 
services for the Development Services Building project. 
(LCON08005C)

11C	Contract Amendment, Parsons Transportation Group, 
Engineering Services, Happy Valley Road, Lake Pleasant 
Road to Terramar Boulevard

Approved Contract Amendment No. 10 in an amount not to exceed 
$95,482 with Parsons Transportation Group for engineering services 
in preparation of final design plans for the Happy Valley Road, Lake 
Pleasant Road to Terramar Boulevard project (LCON01202J); and

Authorized a budget transfer in the amount of $95,482 from the land 
account to the design account within the project.

12C	Fiscal Year 2006 Third Quarter Budget Amendments

Approved Fiscal Year 2006 third quarter budget amendments.

13C	Budget Transfer, Engineering Department, Circulation 
System Assessment Program

Authorized the use of General Fund Reserves; and

Approved a budget transfer in the amount of $45,000 from the 
General Fund Contingency Account to the Traffic Engineering, Other 
Professional Services Account for the development of the Circulation 
System Assessment program database.

14C	Budget Transfer, Public Works Department, Solid Waste 
Fleet Maintenance

Authorized the use of General Fund Reserves in the amount of 
$444,000; and

Approved a budget transfer in the amount of $334,000 from the 
General Fund Contingency Account to the Solid Waste Residential 
Fuel Account and $110,000 from the General Fund Contingency 
Account to the Solid Waste Commercial Fuel Account for increased 
costs of vehicle fuel and maintenance.



15C	Budget Transfer, Public Works Department, Fleet Services

Approved budget transfers totaling $588,361 for increased costs of 
parts and fuel in Fleet Services from the General Fund Contingency 
Account to the following accounts:

a)	Fleet Services Unleaded Fuel Account in the amount of 
$192,000;
b)	Diesel Fuel Account in the amount of $244,361;
c)	Motor Vehicle Repair Account in the amount of $39,000;
d)	Motor Vehicle Tire Account in the amount of $35,000; and the
e)	Motor Vehicle Parts Account in the amount of $78,000.


REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.


16C	Maintenance Improvement District No. 1031, Vistancia 
Parcel B2, Lone Mountain Road and Blackstone Drive

RESOLUTION NO. 06-80

		A RESOLUTION OF THE CITY COUNCIL OF 
THE CITY OF PEORIA, ARIZONA, 
DECLARING ITS INTENTION TO CREATE 
AN IMPROVEMENT DISTRICT TO MAINTAIN 
LANDSCAPING INCLUDED WITHIN, NEAR 
AND ADJACENT TO A PARKWAY AND 
RELATED FACILITIES TOGETHER WITH 
APPURTENANT STRUCTURES AS SHOWN 
ON THE PLANS, FOR MAINTENANCE 
WITHIN AN AREA IN THE CITY OF PEORIA 
AS DESCRIBED HEREIN; ADOPTING PLANS 
FOR CITY OF PEORIA MAINTENANCE 
IMPROVEMENT DISTRICT NO. 1031, 
VISTANCIA PARCEL B2, AS MORE 
PARTICULARLY DESCRIBED HEREIN, AND 
DECLARING THE WORK OR 
IMPROVEMENT TO BE OF MORE THAN 
LOCAL OR ORDINARY PUBLIC BENEFIT, 
AND THAT THE COST OF SAID WORK OR 
IMPROVEMENT SHALL BE ASSESSED 
UPON A CERTAIN DISTRICT, AND 
PROVIDING THAT THE PROPOSED WORK 
OR IMPROVEMENT SHALL BE 
PERFORMED UNDER ARIZONA REVISED 
STATUTES TITLE 48, CHAPTER 4, ARTICLE 
2, AND AMENDMENTS THERETO AND 
DECLARING AN EMERGENCY.

RESOLUTION NO. 06-81

RESOLUTION OF THE MAYOR AND 
COUNCIL OF THE CITY OF PEORIA, 
ARIZONA DECLARING ITS INTENTION TO 
ORDER THE IMPROVEMENTS OF A 
CERTAIN AREA WITHIN THE CORPORATE 
LIMITS OF THE CITY AND CREATING AN 
IMPROVEMENT DISTRICT KNOWN AS THE 
CITY OF PEORIA MAINTENANCE 
IMPROVEMENT DISTRICT NO. 1031, 
VISTANCIA PARCEL B2; PROVIDING THAT 
THE COST OF THE MAINTENANCE OF 
THE LANDSCAPING INCLUDED WITHIN, 
NEAR, AND ADJACENT TO A PARKWAY 
AND RELATED FACILITIES TOGETHER 
WITH APPURTENANT STRUCTURES AS 
SHOWN ON THE PLANS, SHALL BE 
ASSESSED UNDER THE PROVISIONS OF 
TITLE 48, CHAPTER 4, ARTICLE 2, 
ARIZONA REVISED STATUTES, AS 
AMENDED; AND DECLARING AN 
EMERGENCY.

Approved the Petition of Formation and adopted RES. 06-80 intention 
and ordering formation of proposed Maintenance Improvement 
District No. 1031, Vistancia Parcel B2, located north of Lone Mountain 
Road and west of Blackstone Drive; and adopted RES. 06-81 
ordering the work within the proposed Maintenance Improvement 
District.



17C	Utility Easement, Arizona Public Service, Vistancia Well 
Site, El Mirage Road and Jomax Road

RESOLUTION NO. 06-82
RESOLUTION OF THE MAYOR AND 
COUNCIL OF THE CITY OF PEORIA, 
ARIZONA, AUTHORIZING THE 
GRANTING OF AN EASEMENT TO 
ARIZONA PUBLIC SERVICE 
COMPANY FOR ELECTRICAL 
FACILITIES AT THE VISTANCIA WELL 
1 SITE.

Adopted RES. 06-82 authorizing the City Manager to execute a utility 
easement to Arizona Public Service for electrical facilities at the 
Vistancia Well No. 1 site located in the vicinity of El Mirage Road and 
Jomax Road.

18C	Final Plat, Eagle Ridge Estates, 81st Avenue and Avenida 
del Sol

Approved the final plat for Eagle Ridge Estates, a 6-lot subdivision 
located at the northwest corner of 81st Avenue and Avenida del Sol, 
subject to stipulations. (Project R050074)

19C	Final Plat, Galizia, 81st Avenue and Greenway Road

Approved the final plat for Galizia, a 4-lot subdivision located on the 
west side of 81st Avenue south of Greenway Road, subject to 
stipulations. (Project R060031)


20C	VOID

1C	Code Amendment, Chapter 13, Camping

Councilmember Carlat asked that the City Attorney provide an 
overview of this agenda item.

Steve Kemp, City Attorney, reported that concerns were raised at a 
recent Council Workshop about some retail establishments allowing 
camping at their locations.  Mr. Kemp explained that some retail 
establishments encourage camping in their parking lots in order to 
increase customers to their retail establishment.  That type of use 
may not be appropriate in those neighborhoods. This Code 
Amendment would prevent that type of use. Individuals interested in 
camping uses may go through the land use and zoning process in 
order to properly establish that use.

Councilmember Dennis noted that some retail centers allow big rig 
trucks to park in the parking lots.  She asked if this Code would 
address that issue.  Mr. Kemp responded that the City parking code 
addresses that use and generally prohibits it in most cases.  The 
Motor Vehicle Code also addresses those problems.

Councilmember Carlat commented that parking big rigs may be 
appropriate in some rural areas or on large thoroughfares.  

ORDINANCE NO. 06-08

AN ORDINANCE OF THE MAYOR AND 
COUNCIL OF THE CITY OF PEORIA, 
ARIZONA AMENDING CHAPTER 13 OF 
THE PEORIA CITY CODE (1992) BY 
AMENDING SECTION 13-8 PERTAINING 
TO CAMPING PERMITTED AND 
PROVIDING FOR SEVERABILITY AND 
PROVIDING FOR AN EFFECTIVE DATE.

Motion was made by Councilmember Carlat, seconded by 
Councilmember Evans, to adopt ORD.06-08 amending Chapter 13, 
Section 13-8, of the Peoria City Code (1992 Edition) pertaining to 
unlawful camping.  Upon vote, the motion carried unanimously.

Councilmember Evans noted that she had brought the issue to the 
Council’s attention at the workshop and she thanked Staff for their 
work on the Code Amendment.

3C	Community Development Block Grant Program (CDBG) 
Fund Allocations

Councilmember Dennis explained that she supported the Community 
Development Block Grant Program.  She highlighted the number of 
community services that were supported through this program.  She 
urged everyone who utilized these programs to contact their 
Congressmen and Senators to support Federal funding of the 
Community Development Block Grants.

RESOLUTION NO. 06-78

A RESOLUTION OF THE MAYOR AND 
CITY COUNCIL OF THE CITY OF 
PEORIA, MARICOPA COUNTY, 
ARIZONA, SETTING FORTH THE 
PURPOSES FOR WHICH THE FISCAL 
YEAR 2006-2007 COMMUNITY 
DEVELOPMENT BLOCK GRANT 
(CDBG) FUNDS MAY BE EXPENDED; 
AUTHORIZING THE SUBMITTAL OF 
THE ANNUAL ACTION PLAN AND 
CITIZEN PARTICIPATION PLAN TO 
THE U.S. DEPARTMENT OF HOUSING 
AND URBAN DEVELOPMENT (HUD); 
AND, AUTHORIZING THE 
CONTINUATION OF PROGRAMS 
INITIATED IN PRIOR YEARS 
REMAINING ALLOCATIONS.

Motion was made by Councilmember Dennis, seconded by Vice 
Mayor Hunt, to concur with the Not-for-Profit Council Subcommittee’s 
recommendations and adopt RES. 06-78 authorizing fund allocations 
in the amount of $667,364 for the Fiscal Year 2006 Community 
Development Block Grant (CDBG) Program.  Upon vote, the motion 
carried unanimously.

REGULAR AGENDA

UNFINISHED BUSINESS

21R	PUBLIC HEARING – Restaurant Liquor License, Kabuki 
Sushi & Grill, 8378 W. Thunderbird Road (Item 20R, April 
18, 2006)

PUBLIC HEARING:  

Mayor Keegan reconvened the Public Hearing from April 18, 2006 
and asked if any Councilmember or citizen wished to comment on a 
request for a new Restaurant Liquor License (Series 12) for Kabuki 
Sushi & Grill located at 8378 W. Thunderbird Road, Suite B107.  
Applicant: Shin David Chae-uk. LL#10005958.

Steve Kemp, City Attorney, explained that he had followed up with the 
State Liquor Control Board regarding the requirement to identify 
certain existing uses in the area.  Mr. Kemp reported that the State 
Liquor Board does not keep a database of uses within the one mile 
radius of an establishment.  All uses within one mile radius have the 
right to protest a new liquor license application.  He noted that any 
establishment serving a Class 6 Liquor License or a Class 12 
Restaurant license has a 300 foot radius separation requirement from 
schools and churches.  He noted that the Geographic Information 
Systems (GIS) map system does identify schools but identifying 
churches is problematic as church locations change more frequently 
and churches are often tenants in other centers.  Staff is looking at 
adding churches to the GIS map.  Mr. Kemp explained that listing 
schools and churches on the map is generally for the purpose of 
identifying the location of the establishment.

Councilmember Evans expressed concerns that applicants correctly 
complete the sworn affidavit when petitioning to serve alcohol in the 
City.  This is responsible reporting and should be required of 
applicants.

Staff Report/Public Comment:

Staff report was submitted at the last Council meeting on April 18, 
2006.  

There being no other public comment from those present, Mayor 
Keegan declared the public hearing closed.

Council Action:  

Motion was made by Councilmember Dennis, seconded by 
Councilmember Carlat, to recommend approval to the State Liquor 
Board for a new Restaurant Liquor License (Series 12) for Kabuki 
Sushi & Grill located at 8378 W. Thunderbird Road, Suite B107.  
Applicant: Shin David Chae-uk. LL#10005958.  Upon vote, the motion 
carried unanimously. 

22R	PUBLIC HEARING – Beer and Wine Off-Sale Liquor 
License, Grand Market, 8385 N.W. Grand Avenue (Item 
21R, April 18, 2006)

PUBLIC HEARING:  

Mayor Keegan reconvened the Public Hearing from April 18, 2006 
and asked if any Councilmember or citizen wished to comment on a 
request for a new Beer and Wine Off-Sale Liquor License (Series 10) 
for Grand Market located at 8385 N.W. Grand Avenue.  Applicant: 
Hana Garmo. LL#10005962.

Mr. Kemp stated that Council had also raised some of the same 
concerns as the previous application.  In addition, Council also raised 
concerns regarding the background of the owner who was cited for 
certain issues in Michigan.  Mr. Kemp advised that Michigan has a 
different liquor structure regarding citations.  Mr. Kemp noted that the 
previous citation occurred over 12 years ago in another state and the 
applicant has since completed the 
Arizona State Liquor License and Control Training program to 
become familiar with the regulations and laws related to serving 
liquor.

Mayor Keegan requested that the City Attorney draft a letter to the 
State Liquor and Control Board regarding the burden they place on 
both the applicant and the City to list information on the application 
that is not readily available or verifiable.  Mr. Kemp advised that he 
would prepare the letter for Council.

Councilmember Carlat stated that she has previously expressed 
concerns about the applicant but has since received information from 
the applicant that put her concerns to rest.  

Councilmember Dennis concurred with the comments from the Mayor 
on the requirements of the State Liquor and Control Board.

Councilmember Evans stated that she would be reviewing all the 
information on future liquor license applications for accuracy.

Staff Report/Public Comment:

Staff report was submitted at the last Council meeting on April 18, 
2006.  

There being no further comment from the public, Mayor Keegan 
declared the public hearing closed.



Council Action:  

Motion was made by Councilmember Dennis, seconded by 
Councilmember Carlat, to recommend approval to the State Liquor 
Board for a new Beer and Wine Off-Sale Liquor License (Series 10) 
for Grand Market located at 8385 N.W. Grand Avenue.  Applicant: 
Hana Garmo. LL#10005962.  Upon vote, the motion carried 
unanimously.

NEW BUSINESS

23R	PUBLIC HEARING – Beer and Wine Liquor License 
Transfer, Canyon Off-Road Park, LLC, 9777 W. Carefree 
Highway

PUBLIC HEARING:  

Mayor Keegan opened the Public Hearing and asked if any 
Councilmember or citizen wished to comment on a request for a 
person to person transfer of an On-Sale Beer and Wine Liquor 
License (Series 07) for Canyon Off-Road Park, LLC, 9777 W. 
Carefree Highway. Applicant: Jay Perry. LL#10006076.

Staff Report/Public Comment:

Mary Jo Kief, City Clerk, reported that the property had been 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 Carlat, seconded by 
Councilmember Leone, to recommend approval to the State Liquor 
Board a person to person transfer of an On-Sale Beer and Wine 
Liquor License (Series 07) for Canyon Off-Road Park, LLC, 9777 W. 
Carefree Highway. Applicant: Jay Perry. LL#10006076.  Upon vote, 
the motion carried unanimously.

24R	PUBLIC HEARING – Permanent Extension of Premises, 
Cattlemens Steakhouse, 16840 N. 83rd Avenue

PUBLIC HEARING: 

Mayor Keegan opened the Public Hearing and asked if any 
Councilmember or citizen wished to comment on a request for a 
Permanent Extension of Premises for Cattlemens Steakhouse, 16840 
N. 83rd Avenue. Applicant: John Hamilton. LL#32290.

Staff Report/Public Comment:

Mary Jo Kief, City Clerk, reported that the property had been posted, 
all reviewing Departments recommended approval, all fees were paid, 
and there were no comments received in the City Clerk’s Office.

In response to questions from Councilmember Dennis, Mr. Kemp 
clarified that the applicant would be required to work with the 
Community Development Department on the building permit.  Mayor 
Keegan explained that an applicant would need to be sure they could 
serve liquor on a patio before they went to the expense of building a 
patio.

There being no further 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 Carlat, seconded by 
Councilmember Dennis, to recommend approval to recommend 
approval to the State Liquor Board a Permanent Extension of 
Premises for Cattlemens Steakhouse, 16840 N. 83rd Avenue. 
Applicant: John Hamilton. LL#32290.  Upon vote, the motion carried 
unanimously.

25R	PUBLIC HEARING – General Plan Amendment, 77th Avenue 
and Peoria Avenue

RESOLUTION NO. 06-83

A RESOLUTION OF THE MAYOR AND 
COUNCIL OF THE CITY OF PEORIA, 
MARICOPA COUNTY, ARIZONA 
AMENDING THE CENTRAL PEORIA 
REVITALIZATION SPECIFIC AREA 
PLAN FOR THE CITY OF PEORIA, 
ARIZONA; AND PROVIDING FOR 
SEPARABILITY AND AN EFFECTIVE 
DATE.

PUBLIC HEARING:	 

Mayor Keegan opened the Public Hearing and asked if any 
Councilmember or citizen wished to comment on an amendment to 
the Central Peoria Revitalization Specific Area Plan changing the land 
use designation of 11+ acres, located northeast of 77th Avenue and 
Peoria Avenue, from Corridor-Oriented Mixed Use to High-Density 
Residential/Support Business Use (10-15du/ac) (GPA05-13).

Staff Report/Public Comment:

Glen Van Nimwegen, Community Development Director, summarized 
the Staff recommendation to amend the Central Peoria Revitalization 
Specific Area Plan for 11+ acres located northeast of 77th Avenue and 
Peoria, from Corridor-Oriented Mixed Use to High Density 
Residential/Support Business Use.  Mr. Van Nimwegen explained the 
differences between the zoning categories.  Mr. Van Nimwegen 
reported that commercial zoning has been in place for several years 
and has attracted no commercial users to this infill property.  

Vice Mayor Hunt stated her support of developing infill properties by 
taking advantage of the revitalization plan.  In response to questions 
from Vice Mayor Hunt, Mr. Van Nimwegen clarified that Commissioner 
Melbo was concerned that the High Density Residential/Support 
Business Use category may allow the applicant to add a corner store 
to the property.  Mr. Van Nimwegen further explained that it would be 
an inappropriate use.  In addition, the applicant will be required go 
through the normal zoning process for approval.  This applicant 
submitted only documentation for a high density residential use.  The 
actual project will come before Council in June.

In response to questions from Councilmember Dennis, Mr. Van 
Nimwegen explained that this zoning allows from 10 to 15 dwelling 
units per acre.  Discussion ensued regarding not overburdening the 
area.  Vice Mayor Hunt verified that there were no protests filed in 
response to the letters that were sent to neighbors, and the property 
was properly posted.  Mr. Van Nimwegen reported that they did not 
require the applicant to hold a neighborhood meeting at this point.

Vice Mayor Hunt stated that she wanted to be sure that before the 
zoning application was approved there would be more outreach made 
to the community.

There being no further comments from those present, Mayor Keegan 
declared the hearing closed.

Vice Mayor Hunt stated that she would make the motion but she 
wanted her comments noted although she did not intend her 
comments to be incorporated into the motion.

Council Action:	

Motion was made by Councilmember Hunt, seconded by 
Councilmember Evans, to recommend approval to concur with the 
Planning and Zoning Commission’s recommendation and adopt 
RES. 06-83 amending the Central Peoria Revitalization Specific Area 
Plan changing the land use designation of 11+ acres, located 
northeast of 77th Avenue and Peoria Avenue, from Corridor-Oriented 
Mixed Use to High-Density Residential/Support Business Use (10-
15du/ac) (GPA05-13).  Upon vote, the motion carried by a vote of five 
to one with Councilmember Dennis voting “no.”



26R	Mayoral/Council Candidate Forum, City Council Chamber

Terry Ellis, City Manager, stated that the Arizona Republic Newspaper 
has asked the City to participate in a candidate forum.  The 
newspaper will advertise the event and facilitate the forum, and the 
City will host the forum in Council Chambers and air the event on 
Channel 11.

Mayor Keegan explained that this decision would normally only come 
to the City Manager as Council Chambers are not normally used for 
any political purposes, but that the Mayor and City Manager felt this 
special event request should be brought before Council.  Mayor 
Keegan introduced Venita Hawthorne James, Editor and General 
Manager of the Northwest Valley Arizona Republic.  Ms. James 
explained that the request was for two forums to be held on August 2, 
2006 for Mayoral candidates and Councilmember candidates.  The 
program is a public service to provide an opportunity for the public to 
meet the candidates and to make more an informative decision in the 
selection of their public leaders.  The forum will be broadcast and 
rebroadcast to allow those citizens who cannot attend the forum the 
opportunity to hear the candidate’s viewpoints.

Mayor Keegan noted that in Peoria for a candidate to win in the 
Primary Election, they need to receive fifty percent of the votes plus 
one additional vote.  If that does not occur, the two candidates with 
the highest number of votes advance to the General Election.  In 
response to questions from Mayor Keegan, Ms. James stated that the 
newspaper may consider a forum before the General Election if the 
Primary Election forum is well attended.  Discussion ensued regarding 
how the forum will be conducted.

Councilmember Leone commented that he felt televising the forum 
was a good idea.

In response to questions from Council, Grady Miller, Director of 
Communications and Public Affairs, explained that this is a 
collaboration between the newspaper and the City in order to provide 
information to the public.  The City will only participate by 
broadcasting the forum live and then re-broadcasting the forum.

Motion was made by Councilmember Leone, seconded by Vice Mayor 
Hunt, to authorize the use of the City Council Chamber for a 
Mayoral/Council Candidate Forum to be coordinated and moderated 
by the Arizona Republic and to be taped and broadcast on Channel 
11.

27R	Code Amendment, Chapter 2, Utility Services

Brent Mattingly, Finance Director, explained that Staff has presented 
an overview to Council in June 2005 regarding proposed changes to 
the Code regarding the Utility Account Delinquency Process.



Larry Dobrowski, Revenue Manager, outlined the current process and 
proposed changes to accommodate the new utility billing system.  He 
noted that the changes would permit delinquency services sooner 
which would lower the amount the customer must pay to settle the 
balance and reconnection service fees will be lower. 

Mr. Dobrowski reported that the customer will have 25 days from the 
date they are billed until the bill is due.  Any unpaid balance will be 
shown as a balance brought forward.  If the customer does not pay 
the previous balance due, they will be sent a Past Due/Disconnect 
Notice 7 days after the second bill date.  The system will assign a 
disconnection date 10 additional days from the date of the notice; the 
entire cycle would be 52 days since the first bill is issued.  A customer 
would have received two billing notices before disconnection.  Mr. 
Dobrowski advised that the shorter billing process will reduce the 
amount of receivables, reduce the number of landlord tenant issues 
and will lead to lower amounts referred to an outside collection 
agency.  Mr. Dobrowski assured Council that the City would work with 
customers to make payment arrangements where applicable.  The 
revised ordinance will be effective June 7, 2006.  

Discussion ensued regarding deposits which will more likely cover two 
months outstanding balances.  Councilmember Dennis also noted 
that this ordinance should also appeal to management customers who 
have to cover delinquent accounts.

ORDINANCE NO. 06-09

AN ORDINANCE OF THE MAYOR AND 
CITY COUNCIL OF THE CITY OF 
PEORIA, ARIZONA AMENDING 
CHAPTER 2, SEC. 2-408 OF THE 
PEORIA CITY CODE PERTAINING TO 
UTILITY SERVICES; DUE DATE; 
COLLECTION PROCEDURES AND 
REMEDIES; PROVIDING FOR 
SEPARABILITY; AND PROVIDING FOR 
AN EFFECTIVE DATE.

Motion was made by Councilmember Evans, seconded by 
Councilmember Carlat, to adopt ORD. 06-09 amending Chapter 2, 
Section 2-408, of the Peoria City Code (1992 Edition), pertaining to 
the utility account delinquency process.  Upon vote, the motion carried 
unanimously.

CALL TO PUBLIC: (NON-AGENDA ITEMS)

Reports from the City Manager:  None.

Reports from City Council:

Councilmember Leone reported that he had attended two recent 
Block Watch meetings with representatives from the Peoria Police 
Department.  Councilmember Leone reported that on April 29, 2006 
approximately $5,000 was raised at a Benefit Ball for Police Officer 
Weigt held at Ventana Lakes.  Councilmember Leone also advised 
that he was able to attend a Girls State orientation meeting held at the 
American Legion Hall where he shared information about City Council 
and municipal government.

Councilmember Carlat shared that she also attended the Benefit Ball 
and thanked the Ventana Lakes Community for their special support 
of Officer Weigt.  

Vice Mayor Hunt reported that she attended the National League of 
Cities held in Tempe regarding Workforce and Affordable Housing.  
Councilmember Evans and Councilmember Leone also attended.  
Vice Mayor Hunt thanked Council and her family for their support, and 
she pledged to work hard in her capacity as Vice Mayor.

Councilmember Evans noted that the Walk for Life was held this past 
Saturday to raise Cancer awareness.  Councilmember Evans also 
noted that 12 Peoria schools are collecting items for children in Long 
Beach, Mississippi since the devastation of Hurricane Katrina, and 
she encouraged parents to lend their support to the project.  
Councilmember Evans also recognized the third graders at Paseo 
Verde Elementary where she recently addressed Miss Katz’ class 
regarding their City government.

Councilmember Dennis also highlighted the Benefit Ball and noted 
that another fundraiser to benefit Officer Weigt will be held on May 19, 
2006 at the Rollerplex in Peoria.  Councilmember Dennis reported 
that Arizona has over 600,000 veterans in the State.  She encouraged 
citizens to contact their Legislators to support veteran funding 

Reports from the Mayor:  None



ADJOURNMENT:

	Being no further business to come before the Council, the meeting 
was duly adjourned at 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 2nd day of May, 2006.  I further certify that the 
meeting was duly called and held and that a quorum was present.



Dated this 20th day of June, 2006.                                                   

(Seal)


______________________________________________
Mary Jo Kief, City Clerk